Smith v. Brinker
Supreme Court of Missouri
Jippeol from St. Louis Court of Common Pleas. relied upon McKee v. Jingel-rodt, 16 Mo. Rep. In this case, the assignment of the lease was absolute, and in that differs from McKee v. Jingelrodt. The following authorities are relied upon. Eaton v. Jaques, 2 Doug. Rep. 453. Walker v. Peeves, ib. 461. Jlstor v. Miller, 2 Paige’s Oh. R. 68. Jlstor v. Hoyt, 5 Wend. 603, 614. Williams v. Bosanquet, 1 Brod. & Bing. 238. Burton v. Barclay, T Bing. T45. Pilking-ton v. Shaller, 2 Vern.
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Jippeol from St. Louis Court of Common Pleas. relied upon McKee v. Jingel-rodt, 16 Mo. Rep. In this case, the assignment of the lease was absolute, and in that differs from McKee v. Jingelrodt. The following authorities are relied upon. Eaton v. Jaques, 2 Doug. Rep. 453. Walker v. Peeves, ib. 461. Jlstor v. Miller, 2 Paige’s Oh. R. 68. Jlstor v. Hoyt, 5 Wend. 603, 614. Williams v. Bosanquet, 1 Brod. & Bing. 238. Burton v. Barclay, T Bing. T45. Pilking-ton v. Shaller, 2 Vern. Rep. 374. Spar/ees v. Smith, ib. 275. 1 Yesey, jr. 235. 2 Platt on-Leases, 432.
1Opinion of the CourtRylakd, Judge
Brinker was lessee under Smith of a tenement, reserving a certain rent. This rent Brinker covenanted to pay quarterly, Brinker took possession under the lease. Rippey, having a judgment against Brinker, had the estate and interest of Brin-ker in the leased premises sold by the sheriff, under execution, and bought it in himself and took a deed. The rents not being paid, Smith brought suit in ejectment against Brinker and Rippey, and in the same suit, claimed against Rippey the amount of rent accruing after his purchase of the premises *149under execution, and against Brinker, the whole rent. To…
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