Legal Opinion

Darby v. Jorndt

Missouri Court of Appeals

Decided October 23, 1900PublishedCited by 1 opinion

Appeal from the Stoddard Circuit Court.' — Ron. J. L. Fort, Judge. (1) Plaintiff waives his right of lien — being on the ground and allowing and giving his tenant Grogan permission to sell the corn and Grogan did sell and collect the money therefor, under said permission the vendee took the corn free of the landlord’s lien. Toney v. Goodley, 57 Mo. App. 235; Eulkerson v. Eynn, 64 Mo.

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Appeal from the Stoddard Circuit Court.' — Ron. J. L. Fort, Judge. (1) Plaintiff waives his right of lien — being on the ground and allowing and giving his tenant Grogan permission to sell the corn and Grogan did sell and collect the money therefor, under said permission the vendee took the corn free of the landlord’s lien. Toney v. Goodley, 57 Mo. App. 235; Eulkerson v. Eynn, 64 Mo. App. 649. (2) Jorndt did not know the crop was grown on demised premises either; first, when he bought it; or second, when he paid for it; and third, Darby authorized Grogan to sell the crop; thereby waiving his…

1Opinion of the CourtBiggs, J.

— This is an action under section 4123, Revised Statutes, 1899, to recover the value of a crop of corn grown upon land rented by one Grogan from plaintiff. The corn was sold by Grogan to the defendant. The statute provides that “if any person shall buy any crop grown on demised premises, upon which any rent is unpaid, and such purchaser has knowledge of the fact that such crop was grown on demised premises, he shall be liable in an action for the value thereof to any party entitled thereto, or may be subject to garnishment at law in any suit against the tenant for the recovery of the rent.”

The…

2Cases cited1 opinion

  1. Matthews, Stubblefield & Co. v. NationMissouri Court of Appeals · 1897

3Cited by1 opinion

  1. Freeman v. RuthMissouri Court of Appeals · 1924

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