Chaffin v. Brockmeyer
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. The attornment of the tenants to the representative of the defendant William Clark was fraudulent and void, and in nowise affected the possession of the landlord.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. The attornment of the tenants to the representative of the defendant William Clark was fraudulent and void, and in nowise affected the possession of the landlord. R. S., secs. 3080, 3948 ; Schultz v. Arnot, 33 Mo. 172 ; McCartney v. Auer, 50 .Mo. 397; Bank n. damn, 60 Mo. 562 ; Rutherford v. Ullman, 42 Mo. 216; Dyer v. Baumeister, 87 Mo. 134. But the defendants in the two cases take the position that the attornment is valid, because “ a tenant may show that the title of his landlord has expired.” Supposing it to be…
1Opinion of the CourtRombauer, P. J.
This is an action upon a landlord’s summons. Upon the trial- of the cause by the court without a jury, judgment went in defendant’s favor. No instructions were asked or given, and no specific errors are assigned on this appeal. We gather from a printed argument submitted by the plaintiffs that they complain that the court admitted illegal evidence, and decided the case against them Upon an erroneous view of the law.
Upon the trial the plaintiffs gave evidence tending to show that they were trustees under the will of Edward Chaffin, and as such had been in possession of certain realty in the…
2Cases cited15 opinions
- Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
- Farris & McCurdy v. HoustonSupreme Court of Alabama · 1883
- Pentz v. KuesterSupreme Court of Missouri · 1867
- Lamson v. ClarksonMassachusetts Supreme Judicial Court · 1873
- McGuffie v. CarterMichigan Supreme Court · 1880
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3Cited by3 opinions
- Renshaw v. ReynoldsSupreme Court of Missouri · 1927
- Logan v. WoolwineMissouri Court of Appeals · 1894
- Pierce v. RollinsMissouri Court of Appeals · 1895