Rees v. Andrews
Supreme Court of Missouri
Appeal from Jackson Circuit Court.- — Hon. W. B. Teasdale, Judge. (1) One in "possession of -realty, claiming right thereto, can not, in absence of express statutory provision, be deprived of that possession by appointment of a receiver or injunction, or both, in an action to which he is made defendant, merely because he holds such possession whether rightful or wrongful, and especially is this true where the defendant is unquestionably solvent.
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Appeal from Jackson Circuit Court.- — Hon. W. B. Teasdale, Judge. (1) One in "possession of -realty, claiming right thereto, can not, in absence of express statutory provision, be deprived of that possession by appointment of a receiver or injunction, or both, in an action to which he is made defendant, merely because he holds such possession whether rightful or wrongful, and especially is this true where the defendant is unquestionably solvent. Pullis v. Pullis, 15Y Mo. 580. (2) In this action the appellant had and has no interest in the partnership-troubles of the Andrews Opera Company, and…
1Opinion of the CourtMarshall, J.
— Appeal under section 806, Revised Statutes 1899, from an order of the circuit court of Jackson *182county, refusing to revoke an interlocutory order appointing a receiver.
Edward Butler is the owner of the property on the northwest comer of Twelfth and Central streets in Kansas City, together with the improvements situate thereon, which consist of a theater building, formerly called the Standard Theater Building, but now called the Century Theater, and a hotel building, called the Century Hotel. At the times hereinafter stated the hotel was leased to one Warrick, and by the terms of the lease…
2Cited by6 opinions
- State Ex Rel. Kopke v. MulloySupreme Court of Missouri · 1931
- State Ex Rel. Schoenfelder v. OwenSupreme Court of Missouri · 1941
- State Ex Rel. Caron v. DearingSupreme Court of Missouri · 1921
- Rashaw v. Straus Co.Supreme Court of Oklahoma · 1923
- A. Harris & Co. v. CampbellCourt of Appeals of Texas · 1916
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