Legal Opinion

Hulett v. Stockwell

Missouri Court of Appeals

Decided October 24, 1887PublishedCited by 5 opinions

Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. Statement of case by the court. This is an action to enforce a landlord’s lien, with a prayer for a writ of injunction. The facts, as they appear from the pleadings and evidence, are, that, in 1884, the plaintiffs leased their farm to the defendant, Stock-well, for a term of years, taking from him promissory notes for the payment of the rent money.

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Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. Statement of case by the court. This is an action to enforce a landlord’s lien, with a prayer for a writ of injunction. The facts, as they appear from the pleadings and evidence, are, that, in 1884, the plaintiffs leased their farm to the defendant, Stock-well, for a term of years, taking from him promissory notes for the payment of the rent money. The lease was to terminate the first of March, 1887. The rent was paid up to the year 1886. For that year’s rent the defendant gave two promissory notes, one for three hundred dollars,…

1Opinion of the CourtPhilips, P. J.

It seems to be conceded by both parties that the trial court was influenced in its conclusion by holding that the action would not lie, in this, form,’ to enforce the landlord’s lien, the facts being such, as to authorize the remedy by attachment, which is exclusive. In this view we cannot concur. Section 3083, Revised Statutes, declares that: “Every landlord shall have a lien upon the crops grown on the demised premises in any year, for the rent that shall accrue for such year, and such lien shall continue for eight months, after . such rent shall become due and payable, and no. longer.”…

2Cases cited5 opinions

  1. Hicks v. MartinMissouri Court of Appeals · 1887
  2. Knox v. Hunt & PorterSupreme Court of Missouri · 1853
  3. Hubbard v. MossSupreme Court of Missouri · 1877
  4. Price v. RoetzellSupreme Court of Missouri · 1874
  5. Sanders v. OhlhausenSupreme Court of Missouri · 1872

3Cited by5 opinions

  1. St. Joseph & St. Louis Railroad v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1896
  2. Toney v. GoodleyMissouri Court of Appeals · 1894
  3. Dunlap v. DunsethMissouri Court of Appeals · 1899
  4. Phillips v. BurrowsMissouri Court of Appeals · 1896
  5. Williams v. BradenMissouri Court of Appeals · 1895

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