Beck v. Wisely
Missouri Court of Appeals
Appeal from the Vernon Circuit Cowrt. — Hon. D. P. Stkatton, Judge. (1) The defense of lien must be specially pleaded. 7 Wait’s Actions & Defenses, sec. 5, p. 222. (2) A landlord has no lien on the crop grown on the demised premises unless it be shown that rent was reserved and payable, and was due within eight months preceding the attachment.
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Appeal from the Vernon Circuit Cowrt. — Hon. D. P. Stkatton, Judge. (1) The defense of lien must be specially pleaded. 7 Wait’s Actions & Defenses, sec. 5, p. 222. (2) A landlord has no lien on the crop grown on the demised premises unless it be shown that rent was reserved and payable, and was due within eight months preceding the attachment. Bevised Statutes, 1889, sec. 6376. (3) It was not shown by defendant when the farm was rented to Wisely, or when the rent, if any, became due, and that it was unpaid. (4) The evidence offered wholly failed to establish a lien, and the court erred in not…
1Opinion of the CourtGill, J.
— Mrs. Beck sued Wisely for rent, and attached certain corn alleged to have been grown on the premises. Seitz filed his interplea, claiming the corn under a purchase. The plaintiff’s answer to the interplea was a general denial. The issues were tried by the court without a jury; findings and judgment for the plaintiff, and the interpleader appealed.
Under the testimony as shown by the record here presented, the judgment of the trial court was for the wrong party, and will be reversed. The undisputed evidence shows that the interpleader purchased the corn in question from one Mulkey (who bought…
2Cited by1 opinion
- Beck v. WiselyMissouri Court of Appeals · 1895