Benoist v. Rothschild
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hiezel, Judge. (1) Attornment can only be by word of mouth, or some act. 2 Coke upon Littleton [1 Am. Ed.], L. 3, ch. 10, sec. 551. (2) The relation of landlord and tenant does not arise between a purchaser and the occupants until the latter voluntarily attorns, or the purchaser exhibits his deed and demands an attornment.' Gray v. Rogers, 30 Mo. 258;' Lindenbower v. Bentley, 86 Mo. 515; Green v. Sternberg, 15 Mo.
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Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hiezel, Judge. (1) Attornment can only be by word of mouth, or some act. 2 Coke upon Littleton [1 Am. Ed.], L. 3, ch. 10, sec. 551. (2) The relation of landlord and tenant does not arise between a purchaser and the occupants until the latter voluntarily attorns, or the purchaser exhibits his deed and demands an attornment.' Gray v. Rogers, 30 Mo. 258;' Lindenbower v. Bentley, 86 Mo. 515; Green v. Sternberg, 15 Mo. App. 32; May v. Luckett, 48 Mo. 472; May v. Luckett, 54 Mo. 437; Green v. Sinclair, 52 Mo. 327; Kingman v. Abington, 56…
1Opinion of the CourtBrace, P. J.
This is a proceeding in partition in which the plaintiffs as heirs at law of James Christy claimed title to an undivided half of a lot of land in the county of St. Louis, and the defendants each claimed adversely to the other the other undivided half thereof.
The defendants made no claim to the share of the plaintiffs, and by consent that share was adjudged to the plaintiffs, leaving the issue between the defendants as to the other undivided half to be determined. Upon the trial of that issue before the court, a jury having been waived, the finding and judgment was for the defendant…
2Cases cited11 opinions
- Warfield v. LindellSupreme Court of Missouri · 1860
- Meier v. MeierSupreme Court of Missouri · 1891
- Budd v. CollinsSupreme Court of Missouri · 1878
- Lapeyre v. PaulSupreme Court of Missouri · 1871
- Estes v. LongSupreme Court of Missouri · 1880
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3Cited by4 opinions
- Lossing v. ShullSupreme Court of Missouri · 1943
- Goodwin v. Costello and ArelloMissouri Court of Appeals · 1948
- Misenheimer v. AmosSupreme Court of Missouri · 1909
- Wirthlin v. WirthlinMissouri Court of Appeals · 1983