Logan v. Byers
Missouri Court of Appeals
Appeal from, the Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) Fannie Byers, as one of the heirs of Sarah Taylor, was in possession of the property in her own right as one of the tenants in common, at the time Jacobs bought at the partition sale.
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Appeal from, the Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) Fannie Byers, as one of the heirs of Sarah Taylor, was in possession of the property in her own right as one of the tenants in common, at the time Jacobs bought at the partition sale. Hence nothing that her husband James Byers may have said or done' in her absence towards recognizing Jacobs’ title, or creating the relation of landlord and tenant could have prejudiced her rights; and it was therefore error to admit in evidence as against her the transactions between Byers and Jacobs. McOallam v. Boughton, 132 Mo. 601;…
1Opinion of the CourtSmith, P. J.
Action of unlawful detainer. The case shortly stated is this:
One Jacobs rented a certain lot to the defendants at a monthly rental of $5. While defendants were in the occupancy of the lot as the tenants of Jacobs, the latter sold and conveyed said lot to the plaintiff. The defendants neglected to pay the plaintiff any rent. The plaintiff gave thirty days notice in writing to defendants to quit. The judgment was for plaintiff and defendants appealed.
The defendants insist that the trial court erred in overruling the demurrer interposed by' them to the plaintiff’s evidence. The complaint is…
2Cited by1 opinion
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