Higgins v. Turner
Supreme Court of Missouri
Appeal from Pettis County Circuit Court. A lease unfairly obtaiiied from a party in possession of the land will not prevent him from contesting the title of the lessee. (Tayl. Land!. & Ten., § 705.) A tenant may acquire and set up a title consistent with that admitted by the demise, as, if he purchased the premises at a tax-sale made during his term. (See Tayl.
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Appeal from Pettis County Circuit Court. A lease unfairly obtaiiied from a party in possession of the land will not prevent him from contesting the title of the lessee. (Tayl. Land!. & Ten., § 705.) A tenant may acquire and set up a title consistent with that admitted by the demise, as, if he purchased the premises at a tax-sale made during his term. (See Tayl. Land]. & Ten., § 705 ; also, Miller vs. McBride, lá Serg. & R., 382 ; Brown vs. Dysinger, 1 Rawle, 408; Hoekenbury vs. Synder, 2 Watts & S.,. 210; Newman vs. Butler, 8 Watts, 51; Gleim vs. Rise, 6 Watts, 11; Isaac vs. Clark, 2 Gill,…
1Opinion of the CourtWag-nek, Judge
The exceptions in this case arise out of the action of the court in rejecting testimony offered by defendant. The proceeding was under the landlord and tenant act, to recover rent and the possession of premises leased by the plaintiff: to defendant. At the trial the defendant offered to prove that he was induced to lease the premises by plaintiff’s agent falsely and fraudulently representing that plaintiff was the landlord and entitled to the possession, when in fact the plaintiff' was not the landlord, nor the possessor of the lot at the time the lease was made. Defendant further offered to…
2Cases cited1 opinion
- Nellis v. LathropNew York Supreme Court · 1839
3Cited by17 opinions
- Pickett v. FergusonSupreme Court of Arkansas · 1885
- Pulliam v. BurlingameSupreme Court of Missouri · 1883
- Renshaw v. ReynoldsSupreme Court of Missouri · 1927
- Cherokee Strip Live Stock Ass'n v. Cass Land & Cattle Co.Supreme Court of Missouri · 1897
- Culverhouse v. WortsMissouri Court of Appeals · 1888
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