Zeysing v. Welbourn
Missouri Court of Appeals
Appeal from the LaFayette Circuit Court. — Hon. Richard Field, Judge. (1) The real estate having been purchased by the tenant during the rental year, the relationship of landlord and tenant ceased, the tenancy became thereby extinguished, and no action would lie for rent. Silvey v. Sumner, 61 Mo. 253; Higgins v. Turner, 61 Mo. 249 ; Gunn v. Sinclair, 52 Mo. 327. (2) The partition suit had been instituted long prior to the time when this tract of land was rented to appellant.
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Appeal from the LaFayette Circuit Court. — Hon. Richard Field, Judge. (1) The real estate having been purchased by the tenant during the rental year, the relationship of landlord and tenant ceased, the tenancy became thereby extinguished, and no action would lie for rent. Silvey v. Sumner, 61 Mo. 253; Higgins v. Turner, 61 Mo. 249 ; Gunn v. Sinclair, 52 Mo. 327. (2) The partition suit had been instituted long prior to the time when this tract of land was rented to appellant. The sale of the real estate in the partition suit carried with it the title to the real estate from the time of the…
1Opinion of the CourtEllison, J.
Defendant leased of plaintiffs forty acres of land for one year for the sum of one hundred and thirty dollars. At the date of the lease, proceedings ■for partition had been instituted by the heirs (including plaintiffs) owning the land. A sale in partition was had in August, more than half the tenancy having then ■expired. Defendant, the tenant, became the purchaser at the sale. He now resists payment of the rent on the ground that his purchase extinguished the tenancy. There was evidence showing that notice was given at the partition sale, reserving the rent to the heirs owning the lands.…
2Cases cited5 opinions
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- Gunn v. SinclairSupreme Court of Missouri · 1873
- Higgins v. TurnerSupreme Court of Missouri · 1875
- Stevenson v. HancockSupreme Court of Missouri · 1880
- Winfrey v. WorkSupreme Court of Missouri · 1881
3Cited by3 opinions
- Moston v. StowMissouri Court of Appeals · 1902
- Allen v. McDonaldMissouri Court of Appeals · 1895
- Bonnell v. PackMissouri Court of Appeals · 1899