Legal Opinion

Thomas v. Zumbalen

Supreme Court of Missouri

Decided March 15, 1869PublishedCited by 2 opinions

Appeal from St. Louis Circuit Court. I. The lease of Zumbalen to Kroegmeyer inures to Charlotte White, because: 1. Kroegmeyer was lessee of Mrs. White'by lease of March, 1861, for three years ; 2. He was mortgagee by deed of trust of 4th of October, 1860; 8. He was in possession under lease of 27th of December, 1861, as tenant of Henry Zumbalen, for use of Mrs. White, to restore it to her by an agreement between Henry Zumbalen, Henry Kroegmeyer, and White. ‘c If a mortgagor,…

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Appeal from St. Louis Circuit Court. I. The lease of Zumbalen to Kroegmeyer inures to Charlotte White, because: 1. Kroegmeyer was lessee of Mrs. White'by lease of March, 1861, for three years ; 2. He was mortgagee by deed of trust of 4th of October, 1860; 8. He was in possession under lease of 27th of December, 1861, as tenant of Henry Zumbalen, for use of Mrs. White, to restore it to her by an agreement between Henry Zumbalen, Henry Kroegmeyer, and White. ‘c If a mortgagor, executor, trustee, or tenant for life, etc., having a limited interest, gets advantage, by being in possession or…

1Opinion of the CourtBliss, Judge

On the 5th of June, 1853, Philip Rock made to Ezra Thomas, trustee for Charlotte White, a lease of a city lot in St. Louis for sixteen years and five' months, reserving the sum of $78.75 annually for ground rent, payable quarterly, and stipulating that the lessee should pay all taxes and assessments for grading, paving, etc., and at the end of the lease to have the right to remove all buildings and improvements erected on the lot. The lease also had a clause of forfeiture upon non-fulfillment of its conditions. Mrs. White and her husband erected a building upon the lot, and, in March, 1861,…

2Cases cited4 opinions

  1. Hart v. EyckNew York Court of Chancery · 1816
  2. Van Rensselaer's Heirs v. PennimanNew York Supreme Court · 1831
  3. Hunt v. BaileySupreme Court of Missouri · 1866
  4. Mansfield v. AllenSupreme Court of Missouri · 1885

3Cited by2 opinions

  1. Grumley v. WebbSupreme Court of Missouri · 1869
  2. Lewis v. PerrySupreme Court of Missouri · 1899

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