Brent v. Chipley
Missouri Court of Appeals
Appeal from Howard Circuit Court . — Eon. John A. Hochaday, Judge. (1) The order of the prohate court was authorized by section 130, R. S. 1899, and its effect was to place plaintiff in control of the real estate of the estate of James H. Portér, deceased, during two years, unless the debts of the estate were sooner paid. (2) The order of the probate court authorized plaintiff to maintain ejectment for the possession of the land.
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Appeal from Howard Circuit Court . — Eon. John A. Hochaday, Judge. (1) The order of the prohate court was authorized by section 130, R. S. 1899, and its effect was to place plaintiff in control of the real estate of the estate of James H. Portér, deceased, during two years, unless the debts of the estate were sooner paid. (2) The order of the probate court authorized plaintiff to maintain ejectment for the possession of the land. Hall v. Bank, 145 Mo. 418; Bealy v. Blakes, Admr., 70 Mo. App. 234-236; O ’Brien v. Ash, 169 Mo. 300; Thorp v. Miller, 137 Mo. 239. (a) If the plaintiff could…
1Opinion of the CourtEllison, J.
This action was instituted before a justice of the peace under the landlord and tenant *648statute (secs. 4130, 4131, Revised Statutes, 1899) to recover the possession of certain real estate situated in Howard county. The judgment on appeal to the circuit court was for the defendant.
It appears that the farm was formerly owned by James H. Porter. That he died and the premises then became the property of his devisees under the terms of his will. That George D. Gibson was acting as agent for the devisees and for several years had rented the premises to the defendant and again rented them to him from…
2Cases cited3 opinions
- Hall v. Farmers & Merchants' BankSupreme Court of Missouri · 1898
- Dausch v. CraneSupreme Court of Missouri · 1891
- Bealey v. Blake's AdministratorMissouri Court of Appeals · 1897
3Cited by2 opinions
- Cleveland Co-Operative Stove Co. v. BaldwinMissouri Court of Appeals · 1907
- Estate of Strom v. StromMissouri Court of Appeals · 1908