Stephens v. Brown
Supreme Court of Missouri
«Appeal from Linn Circuit Court. I. The acceptance of a lease, with a stated rent reserved, for a definite time, and holding thereunder for many.years, as in this case for nine years, creates a tenancy from year to year, and the tenant is entitled to notice to quit before he can be dispossessed. (Tayl.
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«Appeal from Linn Circuit Court. I. The acceptance of a lease, with a stated rent reserved, for a definite time, and holding thereunder for many.years, as in this case for nine years, creates a tenancy from year to year, and the tenant is entitled to notice to quit before he can be dispossessed. (Tayl. Land & Ten., § 60, 467,-468 ; Jackson vs. Miller, 7 Cow., 747; Bedford vs. McElherron, 2 Serg. & R., 49; Jackson vs. Bryan, 1 Johns., 322; Grant vs. White, 42 Mo., 285; Finney vs. St. Louis, 39 Mo., 177.) And whether the landlord consented to the holding after the expiration of the written…
1Opinion of the CourtAdams, Judge
This was an action of ejectment. The defendant by his answer denied the’ plaintiff’s right to the possession, and specifically set up the statute of limitations. To maintain the issues on his part, the plaintiff introduced as evidence, a lease of the land in dispute for one year to the defendant, from one Hamilton DeGfaw, ending in 1861, and then by appropriate conveyances, traced title in himself from DeGraw. The suit was commenced in 1869. This was substantially all the evidence in regard to the plaintiffs title. The case was submitted to a jury. The defendant introduced no evidence to…
2Cited by3 opinions
- Ex parte CraigSupreme Court of Missouri · 1895
- Tobin v. YoungIndiana Supreme Court · 1890
- State ex rel. Mulvihill v. KumpffMissouri Court of Appeals · 1895