Legal Opinion

Johnson v. Hoffman

Supreme Court of Missouri

Decided October 15, 1873PublishedCited by 16 opinions

Appeal from Si. Charles Circuit Court. I. A contract of this kind is not regarded as a lease, bnt more in the nature of payment for services rendered by a part of tlie crops raised. In order to constitute a lease, the occupant must bave an interest in the soil and freehold. (Maverick vs. Lewis, 3 McCord, 211; Fry vs. Jones, 2 Rawle,ll; Adams vs. Mikesson, 53 Penn. St., 81.) II.

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Appeal from Si. Charles Circuit Court. I. A contract of this kind is not regarded as a lease, bnt more in the nature of payment for services rendered by a part of tlie crops raised. In order to constitute a lease, the occupant must bave an interest in the soil and freehold. (Maverick vs. Lewis, 3 McCord, 211; Fry vs. Jones, 2 Rawle,ll; Adams vs. Mikesson, 53 Penn. St., 81.) II. The letting of lands upon shares for a single crop, or for successive crops, is no lease of the land, and the owner alone mnst bring trespass for breaking the close. (Bradisli vs. Schenck, 8 Johns., 151; Putnam vs.…

1Opinion of the CourtAdams, Judge

This was an action of forcible detainer for a farm situated in St. Charles county.

The suit originated in St. Charles county, and was taken by *506change of venne to Warren county, and resulted in a verdict and judgment for the plaintiff, from which the defendant has appealed to this court.

The'plaintiff claimed possession of the farm by virtue of a written agreement entered into between him and the defendant. He had gone into the possession under this agreement, or rather was already there at the date of the agreement, and cultivated the farm about two years. His family did not reside on the farm,…

2Cited by16 opinions

  1. Donnell v. HarsheSupreme Court of Missouri · 1877
  2. Van Hoozier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
  3. Carnine v. TibbettsOregon Supreme Court · 1937
  4. Tinsley v. CraigeSupreme Court of Arkansas · 1891
  5. In Re Genetically Modified Rice LitigationDistrict Court, E.D. Missouri · 2009

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