Legal Opinion

Gray v. Rogers

Supreme Court of Missouri

Decided March 15, 1860PublishedCited by 4 opinions

Appeal from St. Louis Land Court. This was an action to recover the rent of certain premises, a portion of a tract of one by forty arpens known as the Lirette arpent. The plaintiff, as assignee of Norman Cutter, claimed rent of said premises from September 10, 1855, to September 10, 1857, during which time, it is alleged, the defendants held said premises as tenants of said Norman Cutter at a yearly rent of two hundred and twenty dollars.

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Appeal from St. Louis Land Court. This was an action to recover the rent of certain premises, a portion of a tract of one by forty arpens known as the Lirette arpent. The plaintiff, as assignee of Norman Cutter, claimed rent of said premises from September 10, 1855, to September 10, 1857, during which time, it is alleged, the defendants held said premises as tenants of said Norman Cutter at a yearly rent of two hundred and twenty dollars. The defendants denied their tenancy under said Cutter during said period, and alleged that prior to said September 10, 1855, said Cutter conveyed all his…

1Opinion of the CourtScott, Judge

The controversy seems to be abandoned as to half the rent claimed, as the plaintiff has not appealed from the judgment of the court below. The defendants were tenants under Cutter — who has assigned his claim to the rent to the plaintiff — when the deed was made by Cutter in 1854 to Page and Bacon. It is singular the defendants should be making a de-*261fence for the benefit of Page and Bacon, when they have not been required to do so. Page and Bacon have never required rent of them. The recording of the deed made by Cutter to Page and Bacon does not affect the defendants, as they were tenants…

2Cited by4 opinions

  1. Lindenbower v. BentleySupreme Court of Missouri · 1885
  2. Green v. SternbergMissouri Court of Appeals · 1884
  3. Smith v. AudeMissouri Court of Appeals · 1891
  4. Silveira v. Ah LoHawaii Supreme Court · 1905

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