Missouri Central Building & Loan Ass'n v. Eveler
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. Wm. H. Martin, Judge. Appellant concedes that it has been unable to find a decision of the appellate courts of this State which will determine the issue involved in the case at bar. It concedes, further, the general rule that a life tenant cannot make improvements and claim compensation for same from the reversioner or remainderman.
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Appeal from Cole Circuit Court. — Hon. Wm. H. Martin, Judge. Appellant concedes that it has been unable to find a decision of the appellate courts of this State which will determine the issue involved in the case at bar. It concedes, further, the general rule that a life tenant cannot make improvements and claim compensation for same from the reversioner or remainderman. But in this case the money loaned by plaintiff was loaned in good faith, and on the representation of the owner of the life estate (which plaintiff believed to be true) that he had a fee simple title to the property. The…
1Opinion of the CourtGraves, P. J.
Cást upon demurrer below, the plaintiff stood upon its petition and after such adverse judgment upon the demurrer brings the case here by appeal. Learned counsel for the plaintiff has made a very concise statement of the case, which statement is adopted in the brief by learned counsel for the defendants. We shall likewise adopt such statement. In words, it is as follows:
“The petition alleges, and the demurrer admits, that in the year 1901, Herman Eveler, being in possession of a part of certain inlots in Jefferson City, Missouri, described in the petition, applied to plaintiff for a loan of…
2Cases cited1 opinion
- Schorr v. CarterSupreme Court of Missouri · 1894
3Cited by13 opinions
- Fiske v. BuderCourt of Appeals for the Eighth Circuit · 1942
- Buder v. FiskeCourt of Appeals for the Eighth Circuit · 1949
- Gray v. ClementSupreme Court of Missouri · 1922
- Nordlund v. DahlgrenSupreme Court of Minnesota · 1915
- Ashbaugh v. WrightSupreme Court of Minnesota · 1922
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