Legal Opinion

Taylor v. Kellogg

Missouri Court of Appeals

Decided November 23, 1903PublishedCited by 2 opinions

Appeal from Holt Circuit Court. — Hon. Gallatin Craig, Judge. (1) Because Bob Taylor, the tenant, to .whom the guardian and curator, E. J. Kellogg, leased the twenty acres for the year 1899, was and is insolvent will not excuse defendant for not collecting said rent, because the law is that every landlord has a lien upon the crops grown on the demised- premises in any year for the rent that shall accrue for such year, and such lien'shall continue for eight months after such…

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Appeal from Holt Circuit Court. — Hon. Gallatin Craig, Judge. (1) Because Bob Taylor, the tenant, to .whom the guardian and curator, E. J. Kellogg, leased the twenty acres for the year 1899, was and is insolvent will not excuse defendant for not collecting said rent, because the law is that every landlord has a lien upon the crops grown on the demised- premises in any year for the rent that shall accrue for such year, and such lien'shall continue for eight months after such rent shall become due and payable. R. S. 1899, sec. 4115. (2) And the crop so grown was not exempt. R. S. 1899, sec.…

1Opinion of the CourtSmith, P. J.

— The defendant, who was the plaintiff’s guardian and curator, filed his final settlement with with the probate court, and the plaintiff thereupon appeared and objected thereto on the ground that the defendant had failed to charge himself in such settlement and accounting with the rent of twenty acres of land belonging to plaintiff for the year 1899. In the circuit court where the matter was taken by appeal the plaintiff’s objections were disregarded and judgment given accordingly. The plaintiff appealed.

It was conceded at the trial that the defendant, rented the twenty-acre piece of land for…

2Cases cited4 opinions

  1. Taylor v. HiteSupreme Court of Missouri · 1875
  2. In re Hutton's EstateMissouri Court of Appeals · 1902
  3. Reynolds' AppealMissouri Court of Appeals · 1897
  4. State ex rel. Tygard v. ElliottMissouri Court of Appeals · 1900

3Cited by2 opinions

  1. Gross v. ButlerCourt of Appeals of Georgia · 1934
  2. Hennies v. KeithlyMissouri Court of Appeals · 1923

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