Phillips v. Stewart
Missouri Court of Appeals
Appeal from New Madrid Circuit Court. — Hon. James H. Boon, Special Judge. ■ (1) The petition is not good as a suit for use and occupation. Indeed, appellant understands that plaintiffs do not so contend.
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Appeal from New Madrid Circuit Court. — Hon. James H. Boon, Special Judge. ■ (1) The petition is not good as a suit for use and occupation. Indeed, appellant understands that plaintiffs do not so contend. Aull Savings Bank v. Aull, 80 Mo. 201; Young, Administrator, v. Downey, 145 Mo. 261; Edmundson v. Kite, 43 Mo. 176. In the case of Bank v. Aull, supra, the ’Court speaking through Judge Sherwood, uses this language: “It is a well-settled law in this State that an action for use and occupation does not lie unless the relation of landlord and tenant, either express or implied, exists between…
1Opinion of the CourtGoode, J.
Murray Phillips and Amos R. Phillips *489inherited a large tract of land in New Madrid county. While Amos was a minor, Murray was his guardian and rented the land, accounting to his ward for the income. Amos attained his majority in 1889, when the land was partitioned, a tract supposed to contain one hundred and seventy-one acres on the east side of what is known as the Shapleigh E. Phillips home farm being set apart to Amos, and another tract adjoining it to Murray. The county surveyor undertook to fix the boundary line between the two parcels, and a fence was built on the line located hy him.…
2Cases cited27 opinions
- Paddock v. SomesSupreme Court of Missouri · 1890
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Grove v. City of KansasSupreme Court of Missouri · 1882
- Morgan v. VarickNew York Supreme Court · 1832
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3Cited by2 opinions
- Greer v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
- Anderson v. SuttonSupreme Court of Missouri · 1923