Dubach v. Dysart
Missouri Court of Appeals
Appeal from Andrew Circuit Court. — Hon. A. D. Burnes, Judge. (1) Every instrument in writing, whereby any real estate “may be affected” when proved or acknowledged, can be recorded. Sec. 2809, R. S. 1909. (2) A written lease affects real estate in the sense of this statute. Faxon v. Ridge, 87 Mo.
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Appeal from Andrew Circuit Court. — Hon. A. D. Burnes, Judge. (1) Every instrument in writing, whereby any real estate “may be affected” when proved or acknowledged, can be recorded. Sec. 2809, R. S. 1909. (2) A written lease affects real estate in the sense of this statute. Faxon v. Ridge, 87 Mo. App. 299. (3) A lease which provides that the personal property of the lessee shall be bound and subject to payment of the rents reserved, and which is duly acknowledged and recorded is equivalent to, and is, in effect, a chattel mortgage, and its record gives notice of the lien on the property…
1Opinion of the CourtTrimble, J.
This is a suit brought by a landlord to recover the value of certain corn raised on demised premises and sold by the tenant to the defendant. Section 7888', Revised Statutes 1909, gives the landlord a lien upon the crops grown on the demised premises in any year for the rent that shall accrue for such year, which lien shall continue for eight months after the rent becomes due; and the last clause' of section 7896, Revised Statutes 1909, provides that “if any person shall buy any crop grown on demised premises upon which any rent is unpaid, and such purchaser has knowledge of the fact that…
2Cases cited5 opinions
- Hubbard v. North British & Mercantile InsuranceMissouri Court of Appeals · 1894
- Faxon, Horton & Gallagher v. RidgeMissouri Court of Appeals · 1901
- Kelley v. VandiverMissouri Court of Appeals · 1898
- Castleman v. HarrisMissouri Court of Appeals · 1900
- Jordan v. PenceMissouri Court of Appeals · 1907
3Cited by2 opinions
- Statler Manufacturing, Inc. v. BrownMissouri Court of Appeals · 1985
- Joeckel v. GustMissouri Court of Appeals · 1925