Garroutte v. White
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. F. Geiger, Judge. (1) The relation of landlord and tenant did not exist between the father and son, and plaintiff, therefore, cannot maintain this action. There was no express tenancy. (2) Nor was there an implied tenancy. The payment of rent does not of itself constitute a tenancy, nor is the receipt of rent anything more than a prima facie acknowledgment of tenancy.
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Appeal from Greene Circuit Court. — Hon. W. F. Geiger, Judge. (1) The relation of landlord and tenant did not exist between the father and son, and plaintiff, therefore, cannot maintain this action. There was no express tenancy. (2) Nor was there an implied tenancy. The payment of rent does not of itself constitute a tenancy, nor is the receipt of rent anything more than a prima facie acknowledgment of tenancy. Taylor on Land, and Ten., sec. 23. And the party paying _ is always at liberty to-explain how, why, and in what capacity he pays. Doe v. Francis, 2, M. and Rob. 57. And to constitute a…
1Opinion of the CourtBrace, J.
This is a suit by attachment for rent, commenced before a justice of the peace. The defendant pleaded in abatement to the affidavit filed for an attachment, and the jury found for plaintiff on the issues joined by the plea ; the defendant refusing to further plead, the cause was tried by the court and judgment rendered for the plaintiff.
There was no conflict in the evidence in regard to any of the material facts, which were substantially as follows: Six or seven years before this suit was commenced, the plaintiff by oral agreement rented a farm to John W. White, the father of the defendant,…
2Cited by8 opinions
- St. Joseph & St. Louis Railroad v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1896
- Atlanta Telephone & Telegraph Co. v. FainCourt of Appeals of Georgia · 1915
- McDonald v. MayMissouri Court of Appeals · 1902
- Jenkins v. Missouri Farmers Ass'n, Inc.Missouri Court of Appeals · 1993
- Sessinghaus v. KnocheMissouri Court of Appeals · 1909
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