Long v. Noe
Missouri Court of Appeals
Appeal from the Boone Circuit Cowrt. — Hon. John A. Hockaday, Judge/ The court committed manifest error in refusing instruction, numbered 8. It enunciated a proposition of law which, if correct, was decisive of this case, and entitled plaintiff to a judgment..
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Appeal from the Boone Circuit Cowrt. — Hon. John A. Hockaday, Judge/ The court committed manifest error in refusing instruction, numbered 8. It enunciated a proposition of law which, if correct, was decisive of this case, and entitled plaintiff to a judgment.. It asked the court to declare the law to be, “That a lessee, who had not been in possession under Ms lease, is, within the meaning of the statutes, an assign of the owner and lessor, and may maintain the action of unlawful detainer.” That such is the law I refer to the case of Kelly v. Clancy, 15 Mo. App. 519. Judge Thompson, in…
1Opinion of the CourtEllison, J.
This action is unlawful detainer, presenting a single question for our decision. There were two points made against the judgment, but as one of them embraced a question of fact decided adversely to plaintiff in the trial court, he has withdrawn it from our consideration. The remaining question is this: Can a lessee, never in possession, and to whom the lessor refuses possession, maintain unlawful detainer against the lessor? The trial court thought not, and this being also our opinion we will affirm the judgment. Prior to the statute of 1855, an action of forcible entry and detainer,…
2Cases cited3 opinions
- Sexton v. HullMissouri Court of Appeals · 1891
- Kelly v. ClancyMissouri Court of Appeals · 1884
- Kaulleen v. TillmanSupreme Court of Missouri · 1879
3Cited by3 opinions
- Bradford v. TillyMissouri Court of Appeals · 1896
- Quirk v. SandersMissouri Court of Appeals · 1984
- Metz v. SchneiderMissouri Court of Appeals · 1906