Logan v. Woolwine
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. The provisions of sections 5120 and 5121 of the Revised Statutes of 1889 are not for the tenant but for the grantee or assignee. The defendant’s relation to the plaintiff is the same as before -the execution of the deed to Azdell.
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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. The provisions of sections 5120 and 5121 of the Revised Statutes of 1889 are not for the tenant but for the grantee or assignee. The defendant’s relation to the plaintiff is the same as before -the execution of the deed to Azdell. Azdell had the right to exhibit his deed to the defendant and demand of him to attorn but he did not (because his deed was delivered with the condition that plaintiff would obtain this possession), and until he did defendant could not question plaintiff’s right of action. Cray v. Rogers, 30 Mo. 261;…
1Opinion of the CourtBiggs, J.
— This action of unlawful detainer was instituted before a justice of the peace on March 7, 1892. It was subsequently removed to the circuit court on writ of certiorari, where, on a trial before the court, a jury having been waived, the issues were found in favor of the defendant.
On this appeal the plaintiff claims that, under the law and the undisputed facts, the judgment is wrong; that the court admitted irrelevant testimony against the plaintiff’s objections, and that the court erred in giving and refusing instructions.
*456The facts in the case are very brief. The plaintiff read in evidence a…
2Cases cited8 opinions
- Van Wagner v. NostrandSupreme Court of Iowa · 1865
- Hannibal & St. Joseph Railroad v. ShacklettSupreme Court of Missouri · 1860
- Pentz v. KuesterSupreme Court of Missouri · 1867
- Silvey v. SummerSupreme Court of Missouri · 1875
- Higgins v. TurnerSupreme Court of Missouri · 1875
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3Cited by4 opinions
- Mott Store Co. v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1914
- First Nat. Bank of Kansas City v. KavorinosSupreme Court of Missouri · 1954
- Mott Store Co. v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
- Tucker v. McClenneyMissouri Court of Appeals · 1903