Beeler v. Cardwell
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. The facts sufficiently appear in the opinion of the court. I. George Beeler could not legally assign the lease so as to give to defendants the possession or the right of possession. A lease does 'not give possession, but only the right to the possession. An actual entry is necessary. (Meehan v. Wilcox’s Adm’r, 6 Mo. 436.) A tenant has no power to assign his interest in the leased premises without the written consent of the landlord.
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Appeal from Jefferson Circuit Court. The facts sufficiently appear in the opinion of the court. I. George Beeler could not legally assign the lease so as to give to defendants the possession or the right of possession. A lease does 'not give possession, but only the right to the possession. An actual entry is necessary. (Meehan v. Wilcox’s Adm’r, 6 Mo. 436.) A tenant has no power to assign his interest in the leased premises without the written consent of the landlord. (Landlord and Tenant Act, § 11.) The plaintiff having taken the quiet and peaceable possession of the field, it was such a…
1Opinion of the CourtEwing, Judge
From the facts proved in this case, it is obvious that a question foreign to the issue involved was submitted to the jury in the instruction given by the court. The jury were instructed that if the plaintiff rented the field in controversy to George Beeler for the term of two years, and that the said George assigned his lease to the defendants, or some of them, without the consent in writing of the plaintiff, then, before the plaintiff can lawfully take possession thereof, he must terminate the lease by giving ten days’ notice to quit possession, and the plaintiff having failed to show that…
2Cases cited1 opinion
- Krevet v. MeyerSupreme Court of Missouri · 1856
3Cited by10 opinions
- Winterfield v. StaussWisconsin Supreme Court · 1869
- McCartney's v. AldersonSupreme Court of Missouri · 1869
- Beeler v. CardwellSupreme Court of Missouri · 1862
- Harvie v. TurnerSupreme Court of Missouri · 1870
- Alexander v. GriswoldNew York Court of Common Pleas · 1892
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