Bonnell v. Pack
Missouri Court of Appeals
Appeal from the Platte Circuit Court. — Hon. W. S. Heendon, Judge. (1) A purchaser at partition sale is entitled to possession of tbe land from the day of sale; or if it be subject to a valid lease, or a lease which he might but does not cboose to avoid, he will be entitled to the rents from that date; and if the owners have collected them in advance, and that was not known to him when be bongbt, be will be entitled to a rebate upon bis bid to an equal amount.
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Appeal from the Platte Circuit Court. — Hon. W. S. Heendon, Judge. (1) A purchaser at partition sale is entitled to possession of tbe land from the day of sale; or if it be subject to a valid lease, or a lease which he might but does not cboose to avoid, he will be entitled to the rents from that date; and if the owners have collected them in advance, and that was not known to him when be bongbt, be will be entitled to a rebate upon bis bid to an equal amount. Winfrey v. Work, 75 Mo. 55; Stevenson v. Hancock, 72 Mo. 612; Zeysing v. Welbourn, 42 Mo. App. 352; Smith v. Aude, 46 Mo. App. 634;…
1Opinion of the CourtEllison, J.
statement. P. P. Robertson, at his death in 1887, owned a tract of land in Platte county. He left a number of heirs besides his widow. He made the following provisions by will:
“Second: — I will and bequeath to my wife, Lydia Gr. Robertson, all my real and personal property of every kind and character, and wheresoever situated, to use and enjoy during her natural life, or widowhood, subjeet to the support of my daughter Ella E. Robertson, so long _ as my said daughter remains single and unmarried. And I will that my wife may sell and dispose of any of the property bequeathed to her, in case it…
2Cases cited4 opinions
- Bell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Goodwin v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1881
- Smith v. AudeMissouri Court of Appeals · 1891
- Zeysing v. WelbournMissouri Court of Appeals · 1890