Amick v. Brubaker
Supreme Court of Missouri
Appeal from, Cooper Circuit Court. — Hon. E, L. Edwards, Judge. This is an action of ejectment. The petition alleges plaintiff’s right to the possession of one undivided tenth of the land mentioned and that defendant entered into the premises and unlawfully withholds possession. The answer admits defendant’s possession of. the land, but denies generally all other allegations of the petition. The cause was submitted to the court, sitting as a jury.
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Appeal from, Cooper Circuit Court. — Hon. E, L. Edwards, Judge. This is an action of ejectment. The petition alleges plaintiff’s right to the possession of one undivided tenth of the land mentioned and that defendant entered into the premises and unlawfully withholds possession. The answer admits defendant’s possession of. the land, but denies generally all other allegations of the petition. The cause was submitted to the court, sitting as a jury. The plaintiff’s evidence, which was uncontradicted, tended to prove that defendant entered into possession in 1875 under a written contract of…
1Opinion of the CourtBarclay, J.
The facts of this case are few and clear. The briefs show that they are undisputed.
Defendant came into possession of the land as tenant of George Arnold, who afterwards died leaving ten children as his heirs. Plaintiff represents by purchase the interest and estate of one of the heirs.
Defendant’s possession originated in a written demise; but, as the evidence shows no reservation of rent and no duration or limit of its term, it cannot be regarded as having created any greater estate than a strict tenancy at will. Larned v. Hudson, 60 N. Y. 102.
The precise nature of the holding after the death…
2Cases cited5 opinions
- Willison v. WatkinsSupreme Court of the United States · 1830
- Larned v. . HudsonNew York Court of Appeals · 1875
- Peterson v. LaikSupreme Court of Missouri · 1857
- McCartee v. TellerCourt for the Trial of Impeachments and Correction of Errors · 1831
- Chamberlin v. DonahueSupreme Court of Vermont · 1872
3Cited by3 opinions
- Johnson v. Simpson Oil CompanyMissouri Court of Appeals · 1965
- McNeill v. McNeillMissouri Court of Appeals · 1970
- Heller v. JentzschSupreme Court of Missouri · 1924