Hannibal & St. Joseph Railroad v. Hill
Supreme Court of Missouri
Appeal from, DeJCall) Circuit Court. I. Respondent stood in Wagner’s shoes and immediately he was notified of the determination of said .contract on the part of appellant, he became a tenant at will; and after the demand was made upon him fox’ the deliverance of possession thereof and after his refusal to quit such possession, he became guilty of an unlawful detainer. (Wagn.
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Appeal from, DeJCall) Circuit Court. I. Respondent stood in Wagner’s shoes and immediately he was notified of the determination of said .contract on the part of appellant, he became a tenant at will; and after the demand was made upon him fox’ the deliverance of possession thereof and after his refusal to quit such possession, he became guilty of an unlawful detainer. (Wagn. Stat., 642,§3; Ash, Adtn’r, vs. Holden, 36 Mo., 163; Venable vs. McDonald, 4 Dana, 337; Dew vs. Webster, 10 Yerger, 513 ; 5 Yerger, 398; 2 Marsh, 242; 3 Pet., 43 ; 12 Pet., 264.) II. The respondent does not come within…
1Opinion of the CourtSherwood, Judge
In 1867, the plaintiff sold to one A. B. Wagner, a tract of land in DeKalb county, for a certain consideration, which was to be paid in ten annual instalments, as shown by the instrument which evidenced the contract. By the terms of this instrument, time was made the essence of the contract, and provision was made rherein, that if Wagner failed to punctually pay the annual sums specified, and each of them, he was, immediately upon such failure, to surrender possession, and the contract and all benefit arising therefrom, to the vendee, were thenceforth to cease and determine, and all legal and…
2Cases cited3 opinions
- Grant v. WhiteSupreme Court of Missouri · 1868
- Biddle v. RamseySupreme Court of Missouri · 1873
- Gillett v. MathewsSupreme Court of Missouri · 1870
3Cited by2 opinions
- Johnson v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1892
- Forder v. HandlanMissouri Court of Appeals · 1911