Shouse v. Krusor
Missouri Court of Appeals
Error to Platte Circuit Court, IIon. George W. Dunn, Judge. The case and facts are stated in the opinion, I. There is no evidence that defendant in error is the administrator of L. A. Burrnss, or was such when suit was instituted ; and the motion in arrest should have been sustained. The affidavit to the demand is against the estate of L. A., and not that of E. S. Burruss. Sect. 195. Hev. Stat. II.
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Error to Platte Circuit Court, IIon. George W. Dunn, Judge. The case and facts are stated in the opinion, I. There is no evidence that defendant in error is the administrator of L. A. Burrnss, or was such when suit was instituted ; and the motion in arrest should have been sustained. The affidavit to the demand is against the estate of L. A., and not that of E. S. Burruss. Sect. 195. Hev. Stat. II. The contract was an entire one — the rent was to be paid in board — and the court could not make a different contract. The rent was paid in board, up to Mrs. Burruss’ death, and there could be no…
1Opinion of the CourtPhilips, P. J.
This case arose out of the following state of facts: Mrs. L. A. Burruss was the owner of an undivided one-fifth interest in a farm in Platte county. Her son, E. S. Burruss, owned an undivided interest therein, of two-fifths. In the early part of 1883 these parties entered into an arrangement by which Mrs. Burruss let her said son have possession of her one-fifth interest in said farm, and. also some money belonging to her, in consideration that he would furnish her a home at his house, take care of and provide for her. The lease began on the first day of March, 1883. She accordingly, went to…
2Cases cited2 opinions
- Stinson v. StinsonSupreme Judicial Court of Maine · 1854
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