Legal Opinion

City of Carondelet v. Lannan

Supreme Court of Missouri

Decided March 15, 1858PublishedCited by 5 opinions

Error to St. Louis Land Court. This was an action in the nature of an action of ejectment to recover possession of a lot in Carondelet common, that had been leased by the town of Carondelet in the year 1888. It is claimed by Carondelet that there was a forfeiture of the lease.

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Error to St. Louis Land Court. This was an action in the nature of an action of ejectment to recover possession of a lot in Carondelet common, that had been leased by the town of Carondelet in the year 1888. It is claimed by Carondelet that there was a forfeiture of the lease. The defendants set up in their answer that the lot in controversy had been leased by the town of Carondelet in the year 1838 to one Joseph Yient (under whom defendants claim) for the term of ninety-nine years; that the rent was duly paid until March 14, 1851, when, by accident, the tenant omitted to pay the rent due on…

1Opinion of the CourtRichardson, Judge

We do not see how this case can be distinguished on principle from Taylor v. Carondelet, 22 Mo. 105. In 1839 the general assembly authorized the trustees of the town of Carondelet to grant leases of the common belonging to the *464town, and invested them with all the power necessary to carry into effect the objects of the act. (Sess. Acts, 1839, p. 210, § 2, 6.) On the 12th day of July, 1845, the trustees passed an ordinance directing that the lots in survey No. 8 should be leased, and required that the leases should contain a provision to the effect that should the rent reserved in any lease or…

2Cases cited1 opinion

  1. Taylor v. City of CarondeletSupreme Court of Missouri · 1855

3Cited by5 opinions

  1. Rainey v. QuigleyOregon Supreme Court · 1947
  2. Wilson v. WattSupreme Court of Missouri · 1959
  3. Wells v. PressySupreme Court of Missouri · 1891
  4. City of Carondelet v. WolfertSupreme Court of Missouri · 1866
  5. St. Louis Railroad v. Southern Railway Co.Supreme Court of Missouri · 1891

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