Legal Opinion

May v. Luckett

Supreme Court of Missouri

Decided October 15, 1873PublishedCited by 3 opinions

Appeal from St. Charles Circuit Court. I. The deeds, not admitted by tbe court, were offered to fortify the evidence of the tenant’s surrender of the possession to defendant. It was in evidence that those deeds, etc., were exhibited to the tenant to induce her to surrender. I. After the lease the lessor parted with this title by sale in in vitum, and therefore the tenant became the tenant of the grantee.

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Appeal from St. Charles Circuit Court. I. The deeds, not admitted by tbe court, were offered to fortify the evidence of the tenant’s surrender of the possession to defendant. It was in evidence that those deeds, etc., were exhibited to the tenant to induce her to surrender. I. After the lease the lessor parted with this title by sale in in vitum, and therefore the tenant became the tenant of the grantee. (Egland vs. Slade, 4 Durn & E., 681; Jackson vs. Davis, 5 Oowen, 123; Jackson vs. Rowland, 6 "Wend., 666; Gregory’s heirs vs. Crabb’s Heirs, 2 B. Monroe, 234; Nellis vs. Lathrop 22 Wend.,…

1Opinion of the CourtAdams, Judge

This was an action of unlawful detainer, which was commenced before a justice of the peace, and removed to the Circuit Court by certiorari, where it resulted in a judgment in favor of the plaintiff.

This case was before this court at the October Term, 1871, and is reported in 48 Mo. 472. There is no material difference between the facts of the case as there reported and as now presented by this record.

The leading facts are, that the plaintiff was in the actual possession of the premises by and through hi4 tenant, and that while so in possession the defendant, or his landlord, bought the…

2Cases cited2 opinions

  1. Gunn v. SinclairSupreme Court of Missouri · 1873
  2. May v. LuckettSupreme Court of Missouri · 1871

3Cited by3 opinions

  1. Krank v. NicholsMissouri Court of Appeals · 1878
  2. Stewart v. MilesSupreme Court of Missouri · 1901
  3. Smith v. AudeMissouri Court of Appeals · 1891

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