Cowden v. Cairns
Supreme Court of Missouri
Appeal from St. Louis Land Court. The facts sufficiently appear in the opinion of the court. I. The leasehold property is to be treated as real estate. The plaintiff was entitled to .judgment against the defendants upon their answer.
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Appeal from St. Louis Land Court. The facts sufficiently appear in the opinion of the court. I. The leasehold property is to be treated as real estate. The plaintiff was entitled to .judgment against the defendants upon their answer. Nothing was said in the answer about the leasehold having been held by Fribourg and the defendants as partnership property; much less was it said that the defendants had a lien on Fribourg’s interest to pay the debts of the firm or any balance due from Fribourg to either of themselves. Defendants did not set up this de-fence in their answer. (Holmes v. McGee, 27…
1Opinion of the CourtRichardson, Judge
Henry Chouteau, in October, 1853, by an indenture of lease demised to the four defendants and Eugene Fribourg, a lot of land in the city of St. Louis for the term of fifteen years from the first of January, 1851. The instrument is signed and sealed by all the parties to it, and on its face is made to the lessees in their individual names, and not as partners. By virtue of judgments recovered against Fri-bourg, all his interest in the premises was sold by the sheriff and purchased by S. A. Bennett,- who conveyed to the plaintiff. The plaintiff then filed his petition for partition, in which he…
2Cases cited2 opinions
- Forde v. HerronSupreme Court of Virginia · 1814
- Winston v. TaylorSupreme Court of Missouri · 1859
3Cited by2 opinions
- Irwin v. ChilesSupreme Court of Missouri · 1859
- Ewing v. ReillySupreme Court of Missouri · 1863