Sanders v. Ohlhausen
Supreme Court of Missouri
Appeal from Cape Girar deem Court of Common Pleas. I. The landlord can. enforce such lien only by a strict compliance with the statutory method for such actions. (2 Wag., 881, §§ 26, 27; Schell vs. Leland, 45 Mo., 294). II.
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Appeal from Cape Girar deem Court of Common Pleas. I. The landlord can. enforce such lien only by a strict compliance with the statutory method for such actions. (2 Wag., 881, §§ 26, 27; Schell vs. Leland, 45 Mo., 294). II. The language in section 26, last cited — is “the person to whom the rent is owing mat before a Justice of the Peace” obtain an attachment — this word may is to be read shall', (Steines vs. Eranklin Co., 48 Mo., 178,) hence the remedy by attachment under the Statute is peremptory and exclusive of all others. I. A fair and reasonable construction of section 52, Gen. Stat.…
1Opinion of the CourtWagner, Judge
The only question important to be considered in this ease if whether the interplea of the respondent was maintainable. The respondent owned certain land which he rented for one year and the tenant sowed the land in grain. After this, and before harvest, the tenant left the premises, and the respondent-advanced money to pay for the harvesting and took possession of the grain. The tenant never returned.
Appellant had a debt against the tenant and attached apart of the grain, then in the respondent's possession.. Respondent appeared and filed his interplea and claimed that he was entitled to the…
2Cases cited1 opinion
- Dyer v. Carr'sSupreme Court of Missouri · 1853
3Cited by5 opinions
- Dawson v. CoffeyMissouri Court of Appeals · 1892
- Dunlap v. DunsethMissouri Court of Appeals · 1899
- Hulett v. StockwellMissouri Court of Appeals · 1887
- Holt v. ColyerMissouri Court of Appeals · 1897
- Selecman v. KinnardMissouri Court of Appeals · 1894