Hopper v. Hays
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Mon. Samuel' Davis, Judge. (1) This suit can not be maintained on the ground that a landlord has an action against one who purchases the crops raised on the leased premises with notice of the existence of the landlord’s lien. The case at bar does not come within the principle announced in Dawson v. Coffey, 48 Mo. App. 109, and the others of like character. The statute of limitations of five years would clearly bar such an action.
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Appeal from the Cooper Circuit Court. — Mon. Samuel' Davis, Judge. (1) This suit can not be maintained on the ground that a landlord has an action against one who purchases the crops raised on the leased premises with notice of the existence of the landlord’s lien. The case at bar does not come within the principle announced in Dawson v. Coffey, 48 Mo. App. 109, and the others of like character. The statute of limitations of five years would clearly bar such an action. (2) If defendants are liable to plaintiff upon any other ground, it must be based upon a contract upon their part to pay said…
1Opinion of the CourtEllison, J.
The following, taken substantially from the appealing defendant’s statement, and being substantially made up from the agreed statement of facts, is a sufficient history of the present ease.
J ames C. Hopper, whose executor brings this suit, rented sixty-two and one-half acres of land to J. M. Chenault, for a term' ending January 1, 1893. The rental agreed upon was four dollars per acre, which was to become due on the date above mentioned. Wheat and com were to be grown upon the land.
Chenault raised wheat upon a part of the land, which he harvested in the summer of 1892. A controversy arose…
2Cases cited1 opinion
- State ex rel. Shenault v. HopperMissouri Court of Appeals · 1897