Drey v. Doyle
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Amos M. Thax.ee, Judge. (1) Notorious and exclusive possession of realty by a third, party,' when known to a purchaser, puts him upon inquiry, and, in the absence of evidence showing a proper but ineffectual inquiry, the presumption or conclusion charging such purchaser with actual notice of the rights of the occupant becomes absolute.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Amos M. Thax.ee, Judge. (1) Notorious and exclusive possession of realty by a third, party,' when known to a purchaser, puts him upon inquiry, and, in the absence of evidence showing a proper but ineffectual inquiry, the presumption or conclusion charging such purchaser with actual notice of the rights of the occupant becomes absolute. Notice is actual when the purchaser is either aware of the adverse claim, or is conscious of having the means of knowing, although he may not use them. R. S. 1879, secs. 691-2; Maupin v. Emmons, 47 Mo. 304 ;…
1Opinion of the CourtBlack, J.
This is ejectment for a lot in St. Louis upon which there is a livery stable. Doyle, the defendant, Teased the property from Mr. Lucas for a period of five years, the term ending the last of May, 1884. The lease, though in writing, was never recorded. The evidence tends to show that at the expiration of the lease the parties agreed upon a renewal for four years upon the same terms, except the rents were increased from seven hundred and twenty dollars to eight hundred and *464forty dollars per annum, payable monthly. Defendant continued to occupy the premises, paying the agreed rental. By a…
2Cases cited9 opinions
- Maupin v. EmmonsSupreme Court of Missouri · 1871
- Rhodes v. OutcaltSupreme Court of Missouri · 1871
- Speck v. RigginSupreme Court of Missouri · 1867
- Vaughn v. TracySupreme Court of Missouri · 1856
- Vaughn v. TracySupreme Court of Missouri · 1857
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State Bank v. FrameSupreme Court of Missouri · 1892
- Anderson v. ColeSupreme Court of Missouri · 1911
- Enkema v. McIntyreSupreme Court of Minnesota · 1917
- Falvey v. HicksSupreme Court of Missouri · 1926
- Hatcher v. HallMissouri Court of Appeals · 1956
22 more not listed; retrieve them via the Exa API.