Linville v. Hartley
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. D.W. Shackle-ford, Judge. (1) A landlord can not sue his tenant in ejectment without notice to quit being first given.
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Appeal from Cole Circuit Court. — Hon. D.W. Shackle-ford, Judge. (1) A landlord can not sue his tenant in ejectment without notice to quit being first given. Tyler on Ejectment, p. 206. (2) The other plaintiffs can not recover because their husbands, if they, the plaintiffs, had any interest in the land were necessary parties, and, secondly, because the homestead having descended from Buford Linville at the death of his widow and the majority of his minor children, the title to the property vested in his heirs. STcouten v. Wood, 57 Mo. 380. (3) It was peculiarly the province of the jury to…
1Opinion of the CourtBrace, P. J.
This is an action in ejectment to recover possession of a tract of land in Cole county. The verdict was for the defendant, which, upon motion of the plaintiff setting forth the usual grounds, was set aside and a new trial granted, from which action of the court the defendant appeals.
The undisputed facts are that, in the year 1873, Buford Linville died seized and possessed of the land in controversy, leaving surviving him his widow, Mary Linville, three children by a former marriage, and two by the said Mary, as his heirs at law. At the time of his death he was residing with his wife and…
2Cases cited14 opinions
- Skouten v. WoodSupreme Court of Missouri · 1874
- Rogers v. MarshSupreme Court of Missouri · 1880
- Anthony v. RiceSupreme Court of Missouri · 1892
- Wheelock v. OvershinerSupreme Court of Missouri · 1892
- Gragg v. GraggSupreme Court of Missouri · 1877
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3Cited by2 opinions
- Jennings v. CherrySupreme Court of Missouri · 1923
- Libby v. BowardSupreme Court of Missouri · 1921