Starbuck v. Avery
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Hermann Brumhaclc, Judge. (1) The court erred in admitting illegal and improper. evidence over defendant’s objection, viz.: Deed from W. B. Hoffman and wife to plaintiff. (2) Under the evidence the plaintiff was hot entitled to recover, and the court erred in not so finding. Doyle v. O’Neil, 7 Mo.
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Appeal from Jackson Circuit Court. — Hon. Hermann Brumhaclc, Judge. (1) The court erred in admitting illegal and improper. evidence over defendant’s objection, viz.: Deed from W. B. Hoffman and wife to plaintiff. (2) Under the evidence the plaintiff was hot entitled to recover, and the court erred in not so finding. Doyle v. O’Neil, 7 Mo. App. 138; Young v. Downey, 145 Mo. 261; Bank v. Aull, 80 Mo. 199; Hood v. Mathis, 21 Mo. 308; Edmondson v. Kite, 43 M'o. 176; Hunter v. Powers, 38 Mo. 353; Cohen v. Kyler, 27 Mo. 122. (3) Under the pleadings and evidence the plaintiff was not entitled to…
1Opinion of the CourtEllison, J.
This action is for rent for use and occupation of a house and lot in Kansas City. The-plaintiff recovered in the trial court. It appears that one Hoffman owned the property and that defendant,, in the year 1902, was occupying it as his tenant from month to month, at a rental of $27.50 per month. In . September of that year Hoffman sold and conveyed the property to plaintiff by a general warranty deed. Defendant had paid the rent up to the first of November and of this plaintiff was advised when she - purchased the property. Defendant continued to occupy the *544property until April, 1903, without…
2Cases cited4 opinions
- Edmonson v. KiteSupreme Court of Missouri · 1869
- Cohen v. KylerSupreme Court of Missouri · 1858
- Young v. DowneySupreme Court of Missouri · 1898
- Doyle v. O'NeilMissouri Court of Appeals · 1879
3Cited by4 opinions
- McNeill v. McNeillMissouri Court of Appeals · 1970
- Thompson v. Granite Bituminous Paving Co.Missouri Court of Appeals · 1918
- Barclay v. WyattMissouri Court of Appeals · 1929
- Otey v. WileyMissouri Court of Appeals · 2017