Traylor v. Cabanne
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. This action cannot be maintained against the executrix. — Wag. Stats. 1352, sect. 7. There is no pi’oof that the executrix ever took possession. — 2 Plat, on Leases, 368; Taylor’s L. & T., sect. 461; Nation v. Tozer, 1 Cromp. M. & E. 172. The executrix cannot be bound for the rent not due at the commencement of the suit, in this form of action.
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Appeal from the St. Louis Circuit Court. This action cannot be maintained against the executrix. — Wag. Stats. 1352, sect. 7. There is no pi’oof that the executrix ever took possession. — 2 Plat, on Leases, 368; Taylor’s L. & T., sect. 461; Nation v. Tozer, 1 Cromp. M. & E. 172. The executrix cannot be bound for the rent not due at the commencement of the suit, in this form of action. The suit was premature as to rent not yet due. — Turk v. Stahl, 53 Mo. 437 : Rudder v. Price, 1 H. Black. 547. The lease was not executed, and the contract was within the Statute of Frauds. — Vallé v. Kramer, 4…
1Opinion of the CourtHayden, J.
This is a demand for rent of premises situated in Illinois, which the plaintiff leased in June, 1872, to L. D. Cabanné for ten years, at a rent of $100 per year. The lease was drawn but not subscribed by Cabanné, who, however, had it recorded, took possession of the premises, and paid rent for two years. He died in April, 1875, and in November, 1875, his executrix paid another year’s rent, that had accrued in his lifetime, and gave notice to the plaintiff that the estate did not wish to occupy the premises, and would pay rent no longer. The court below found for the plaintiff in the sum of…
2Cases cited8 opinions
- Barry v. CoombeSupreme Court of the United States · 1828
- Goodwin v. GilbertMassachusetts Supreme Judicial Court · 1813
- McConnell v. BrillhartIllinois Supreme Court · 1856
- Penniman v. HartshornMassachusetts Supreme Judicial Court · 1816
- Evans v. AshleySupreme Court of Missouri · 1843
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3Cited by4 opinions
- Potter v. RitchardsonSupreme Court of Missouri · 1950
- Stevens v. StevensSupreme Court of Missouri · 1903
- Elms Realty Co. v. WoodSupreme Court of Missouri · 1920
- Kavanaugh v. ShaughnessyMissouri Court of Appeals · 1890