Meier v. Thiemann
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court, Edwards, J. One holding under a lease can not dispute a landlord’s title, or show that it has expired, without first surrendering the possession obtained under the lease. — Pentz v. Kuester, 41 Mo. 447; Stagg v. Rurelea Tanning Go., 56 Mo. 314. A permission to occupy for an indefinite' time, no rent being reserved, does not create a tenancy that can be conveyed. — Williams v. Desair, 31 Mo. 13. If it was true, as claimed by the…
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Appeal from the St. Louis County Circuit Court, Edwards, J. One holding under a lease can not dispute a landlord’s title, or show that it has expired, without first surrendering the possession obtained under the lease. — Pentz v. Kuester, 41 Mo. 447; Stagg v. Rurelea Tanning Go., 56 Mo. 314. A permission to occupy for an indefinite' time, no rent being reserved, does not create a tenancy that can be conveyed. — Williams v. Desair, 31 Mo. 13. If it was true, as claimed by the plaintiff, that the defendant was the tenant of her husband, or that her husband was a tenant at will of Adolphus…
1Opinion of the CourtBakewell, J.
This was an action for six months’ rent of a farm in St. Louis County. There was a finding and judgment for defendant.
It appeared from the evideuce, that Thiemann had been *309in possession, paying rent for the place to one Thomas J. Meier, for a year or two before March 1, 1882. At that date, Meier gave to Thiemann a written lease, not under seal, for a term of three years. Meier died in the spring of 1882, after which Thiemann attorned to one Adolphus Meier, and refused to pay to plaintiff. Plaintiff is the widow of Thomas Meier. By order of the probate court, all the property of her husband…
2Cases cited6 opinions
- Ring v. JamisonSupreme Court of Missouri · 1877
- Looker v. DavisSupreme Court of Missouri · 1870
- Lamson v. ClarksonMassachusetts Supreme Judicial Court · 1873
- Angell v. HesterSupreme Court of Missouri · 1876
- Reckhow v. . SchanckNew York Court of Appeals · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- McLeran v. BentonCalifornia Supreme Court · 1887
- Renshaw v. ReynoldsSupreme Court of Missouri · 1927
- First National Bank v. HuntMissouri Court of Appeals · 1887
- McMorrow v. DowellMissouri Court of Appeals · 1905
- Wamsganz v. WolffMissouri Court of Appeals · 1900
10 more not listed; retrieve them via the Exa API.