Lewis v. Perry
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The court had no power to render the interlocutory decree, for the lease had terminated so far as appellant was concerned, and lie was the owner of the improvements in the same ratio in which he was owner of the fee title to the realty.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The court had no power to render the interlocutory decree, for the lease had terminated so far as appellant was concerned, and lie was the owner of the improvements in the same ratio in which he was owner of the fee title to the realty. R. S. 1879, sec. 6371; Withnell v. Pezold, 104 Mo. 409; 2 Woods’ Landlord & Tenant (2 Ed.), sec. 529; Loughran v. Ross, 45 N. Y. 792; 2 Taylor’s Landlord & Tenant (18 Ed.), sec. 552. (1) The continuing in possession by the tenant was evidence of an election to renew and the receipt by the…
1Opinion of the CourtBrace, P. J.
This is a proceeding in partition in which George R. Taylor, one of the defendants, appeals from the interlocutory decree of the circuit court determining the respective rights and interests of the parties in the premises and ordering a sale thereof. By the decree it was in effect determined that the appellant was entitled to an undivided one-fourth part of the land, and the other parties to the other undivided three-fourths thereof, as tenants in common in fee simple, but that the improvements thereon belonged to the other parties, and appellant had no interest therein, and upon this basis…
2Cases cited4 opinions
- Insurance & Law Building Co. v. National BankSupreme Court of Missouri · 1879
- Hunt v. BaileySupreme Court of Missouri · 1866
- Quinette v. CarpenterSupreme Court of Missouri · 1865
- Thomas v. ZumbalenSupreme Court of Missouri · 1869
3Cited by10 opinions
- Pelligreen v. Century Furniture & Appliance Co.Missouri Court of Appeals · 1975
- Blanchon v. Kellerstrass Distilling Corp.Missouri Court of Appeals · 1919
- Beck v. StrongMissouri Court of Appeals · 1978
- Gerhart Realty Co. v. BrechtMissouri Court of Appeals · 1904
- Grand Investment Corp. v. Connaughton, Boyd & Kenter, P.C.Missouri Court of Appeals · 2003
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