Legal Opinion

Allen v. McDonald

Missouri Court of Appeals

Decided November 18, 1895Published

Appeal from the Hay Circuit Court. — Hon. E. J. Bkoaddus, Judge. (1) The plaintiff being the purchaser of the twenty-seven acres, rented by the defendant, McDonald, and upon which he raised a crop of corn in the year 1893, and there being no reservation whatever made at the sale, the plaintiff was entitled to all the rents and profits thereafter falling due. Page v..Culver, 55 Mo. App. 606; Culverhouse, Acini’r, v. Worts, 32 Mo. App. 419; Hygenv.

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Appeal from the Hay Circuit Court. — Hon. E. J. Bkoaddus, Judge. (1) The plaintiff being the purchaser of the twenty-seven acres, rented by the defendant, McDonald, and upon which he raised a crop of corn in the year 1893, and there being no reservation whatever made at the sale, the plaintiff was entitled to all the rents and profits thereafter falling due. Page v..Culver, 55 Mo. App. 606; Culverhouse, Acini’r, v. Worts, 32 Mo. App. 419; Hygenv. Burkemper, 101 Mo. 644. (2) If the rent had been due and unpaid, at the time of the purchase, on the eleventh day of October, 1893, in that event…

1Opinion of the CourtSmith, P. J.

This is an action commenced before a justice of the peace, by attachment for rent, under the landlord and tenant statute. The case may be shortly stated in this wise:

B. P. Allen died seized and possessed of certain lands, leaving surviving him his widow, the plaintiff, and five children, for two of whom plaintiff was guardian. Joseph Robinson, who had married one of them was guardian of another and the agent of still another, the last being of age. '-A partition suit was instituted and such proceedings were therein had that the land was sold by the sheriff, under an order of sale in…

2Cases cited4 opinions

  1. Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
  2. Culverhouse v. WortsMissouri Court of Appeals · 1888
  3. Page v. CulverMissouri Court of Appeals · 1894
  4. Zeysing v. WelbournMissouri Court of Appeals · 1890

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