Pentz v. Kuester
Supreme Court of Missouri
Appeal from Sixth District Court. I. A tenant is not estopped from showing that the title of; his landlord is extinguished or transferred, and that he hold's, under the purchaser as his tenant, and may show that th©' title under which he entered has expired or been transferred! —G. S. p. 742, §§ 38, 39 & 40 ; 6 Wend. 670; 3 Hemp. 16-;-33 Mo. 292 & 105 ; 10 Humph. 49 ; Tay. Land. & Ten. §f 629 ; Smith’s Land. & Ten. p. 296, note. II.
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Appeal from Sixth District Court. I. A tenant is not estopped from showing that the title of; his landlord is extinguished or transferred, and that he hold's, under the purchaser as his tenant, and may show that th©' title under which he entered has expired or been transferred! —G. S. p. 742, §§ 38, 39 & 40 ; 6 Wend. 670; 3 Hemp. 16-;-33 Mo. 292 & 105 ; 10 Humph. 49 ; Tay. Land. & Ten. §f 629 ; Smith’s Land. & Ten. p. 296, note. II. A sale under proceedings of partition is a sale by the parties themselves — 25 Mo. 575; 33 Mo. 105 ; 3 Ired. Eq. 347. III. The title to the property sold and the…
1Opinion of the CourtHolmes, Judge
It appears that the plaintiff leased the premises in dispute to the defendant for one year, and gave him possession. But before the expiration of the lease, all the right, title and interest of the plaintiff in the land had been sold and conveyed to one Lewis Brecker, under a judgment and order of sale in partition in a suit in which the lessor was a party plaintiff, claiming as a tenant in common with the other parties; and upon the expiration of the term, the lessee took a new lease from the purchaser at the partition sale, and continued to hold the possession. The plaintiff brings this…
2Cases cited13 opinions
- Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
- Forder v. DavisSupreme Court of Missouri · 1866
- Dickey v. TennisonSupreme Court of Missouri · 1858
- Owsley v. Heirs of SmithSupreme Court of Missouri · 1851
- Young v. SmithSupreme Court of Missouri · 1859
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Beetschen v. Shell Pipe Line CorporationSupreme Court of Missouri · 1952
- Cochran v. ThomasSupreme Court of Missouri · 1895
- Gunn v. SinclairSupreme Court of Missouri · 1873
- Silvey v. SummerSupreme Court of Missouri · 1875
- Smoot v. JuddSupreme Court of Missouri · 1901
21 more not listed; retrieve them via the Exa API.