Shepard v. Martin
Supreme Court of Missouri
Appeal from St. Louis Land Court. For statement see opinion. I. The plaintiff’s instructions correctly declared the law of the case. (Willi v. Peters, 11 Mo. 396 ; Shepard v. Martin, 25 Mo. 193.) II. G-etzendauner got the actual possession of the premises sued for from the plaintiff under the lease. The recording would only affect the question of title. There was no privity shown between defendant Martin and plaintiff to constitute a tenancy.
1Opinion of the CourtBates, Judge
This was a proceeding under the act concerning landlords and tenants in the county of St. Louis. The case was in this court once before, and is reported in the 25th Mo., page 193. After the case was remanded to the land court, it was there tried and judgment given for the defendant, and the plaintiff brought the case here by appeal. At the trial, the plaintiff gave in evidence a lease from himself to one Getzendauner, which recited that Getzendauner had leased from Mc-Causland a lot of ground immediately north- of said Shepard’s lot and residence, it being the same lot formerly leased by…
2Cases cited1 opinion
- Shepard v. MartinSupreme Court of Missouri · 1857
3Cited by3 opinions
- Constant v. AbellSupreme Court of Missouri · 1865
- Miller v. HalleranMissouri Court of Appeals · 1925
- Kellogg v. MullenSupreme Court of Missouri · 1866