Smith v. Aude
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. The sale of the landlord’s title under a judgment or mortgage antedating the lease extinguished the lease and annihilated the rents reserved. Simers «. Salius, 3 Denio, 214; Luff •». Wilson, 69 Pa.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. The sale of the landlord’s title under a judgment or mortgage antedating the lease extinguished the lease and annihilated the rents reserved. Simers «. Salius, 3 Denio, 214; Luff •». Wilson, 69 Pa. St. 816; Lancashire v. Mason, 75 N. O. 455; Sampson v. Grimes, 7 Blackf. 176 ; Martin v. Martin, 7 Md. 368. • (1) A lessor enters into an implied covenant to keep the defendant in the quiet enjoyment of the premises during the term, and that is all he undertakes to do. So long as there is no breach of this covenant, the…
1Opinion of the CourtBiggs, J.
On the first day of July, 1881, the plaintiff leased to the defendant for the period of ten years three vacant lots fronting seventy feet on Cass avenue. The lease stipulated for the payment of an annual rental of $150, payable in equal quarterly installments. As a further consideration for such letting the defendant covenanted to pay all taxes, whether general or special, assessed against the lots during the term. The record shows, and the plaintiff admits, that her title to the demised premises Tvas, in November, 1881, divested by a sale under an execution issued upon a judgment against her…
2Cases cited11 opinions
- Massingill v. DownsSupreme Court of the United States · 1849
- Gunn v. SinclairSupreme Court of Missouri · 1873
- Pentz v. KuesterSupreme Court of Missouri · 1867
- Higgins v. TurnerSupreme Court of Missouri · 1875
- Stevenson v. HancockSupreme Court of Missouri · 1880
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3Cited by3 opinions
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- R. Williams & Co. v. Farm & Home Savings & Loan Ass'nMissouri Court of Appeals · 1925
- Bonnell v. PackMissouri Court of Appeals · 1899