Knight v. Orchard
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon. J. L. Fort, Judge. STATEMENT OE THE CASE. We adopt the statement of the case made by appellant as it is a full and fair history of the proceedings both before the justice and the circuit court.- It is as follows: “This action was commenced originally before a justice of the peace of Butler county, for the purpose of recovering possession of the premises described in the complaint.
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Appeal from Butler Circuit Court. — Hon. J. L. Fort, Judge. STATEMENT OE THE CASE. We adopt the statement of the case made by appellant as it is a full and fair history of the proceedings both before the justice and the circuit court.- It is as follows: “This action was commenced originally before a justice of the peace of Butler county, for the purpose of recovering possession of the premises described in the complaint. A trial was there had, resulting in a judgment for the plaintiff for the recovery of the possession of the premises. Erom this judgment defendants prosecuted an appeal to the…
1Opinion of the CourtBland, P. J.
The learned circuit judge ruled that the lease did not authorize a forfeiture for the non-payment of taxes; that rent in the lease did not mean taxes. In Gedge v. Schoenberger, etc., 83 Ky. 91, a lot was leased “for a term of ten years from the first day of May, one thousand eight hundred and seventy-three, at the yearly rent or sum of one hundred and fifty dollars; also to pay all taxes and assessments during said term. Said rent to be paid in equal semiannual payments.” Speaking of this covenant in the lease thejsourt said: “The covenant to pay the taxes must, from the evident *471intention of…
2Cases cited4 opinions
- McFarlane v. WilliamsIllinois Supreme Court · 1883
- Gedge v. ShoenbergerCourt of Appeals of Kentucky · 1885
- Cross v. TomeCourt of Appeals of Maryland · 1859
- Elliot v. GanttMissouri Court of Appeals · 1895
3Cited by8 opinions
- Independence Flying Service, Inc. v. AbitzSupreme Court of Missouri · 1965
- Tetley v. McElmurrySupreme Court of Missouri · 1907
- Jenkins v. John Taylor Dry Goods Co.Supreme Court of Missouri · 1944
- Perrin & Smith Printing Co. v. Cook Hotel & Excursion Co.Missouri Court of Appeals · 1906
- Wright-Dalton-Bell-Anchor Store Co. v. BarronSupreme Court of Missouri · 1923
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