Brooks v. Gaffin
Supreme Court of Missouri
Appeal from Lafayette Circuit Court . — Hon. Samuel Davis, Judge. (1) The answer converted this into an equitable proceeding for appellate purposes. Leavitt v. Taylor, 163 Mo. 170; Cox v. Sloan, 158 Mo. 429; Dunn v. McCoy, 150 Mo. 561. (2) Equity can not afford relief against the express clauses of forfeiture of the lease unless the lessor or plaintiffs were culpable.
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Appeal from Lafayette Circuit Court . — Hon. Samuel Davis, Judge. (1) The answer converted this into an equitable proceeding for appellate purposes. Leavitt v. Taylor, 163 Mo. 170; Cox v. Sloan, 158 Mo. 429; Dunn v. McCoy, 150 Mo. 561. (2) Equity can not afford relief against the express clauses of forfeiture of the lease unless the lessor or plaintiffs were culpable. Ruddick v. Railroad, 116 Mo. 34; Village of Morgan Park v. Graham, 136 111. 524; Brink v. Steadman, 70 111. 243; Faylor v. Brice, 7 Ind. App. 553; Woodward v. Mitchell, 140 Ind. .411. Forfeiture clauses must be reasonably…
1Opinion of the CourtMarshall, J.
This is a suit in ejectment to recover possession of certain lands lying in section 1, township 50, range 27, and in section 36, township 51, range 27, in Lafayette county. Judgment was rendered for defendant in the trial court and the plaintiffs appealed.
THE ISSUES.
The petition alleges that the plaintiffs are the widow and children of Alexander Brooks, who died in February, 1901; that on the 1st of February, 1899, Alexander Brooks entered into a written coal lease, with the defendant, of the premises in controversy, whereby he leased to defendant the premises for a term of twenty-five years…
2Cases cited6 opinions
- Ellis v. KygerSupreme Court of Missouri · 1886
- Avery v. Kansas City & Southern RailroadSupreme Court of Missouri · 1893
- Cox v. SloanSupreme Court of Missouri · 1900
- Leavitt v. TaylorSupreme Court of Missouri · 1901
- Dunn v. McCoySupreme Court of Missouri · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Koehler v. RowlandSupreme Court of Missouri · 1918
- Gibbany v. WalkerSupreme Court of Missouri · 1938
- Allen v. HounWyoming Supreme Court · 1923
- Denney v. Traders National Bank of Kansas CitySupreme Court of Missouri · 1966
- Carter v. CarterSupreme Court of Missouri · 1911
2 more not listed; retrieve them via the Exa API.