Legal Opinion

Finney v. Cist

Supreme Court of Missouri

Decided October 15, 1863PublishedCited by 12 opinions

Appeal from St. Louis Land Court. So long as the tenant had any legal interest in the land or tenement under the lease, he could not be dispossessed by this form of action; if the term was to expire at the end of ten years, and the tenant by virtue of the lease was entitled to be paid for his improvements, the landlord could not dispossess him under this form of action unless he first tendered the value of the improvements; so also if a tenant be induced to put up valuable…

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Appeal from St. Louis Land Court. So long as the tenant had any legal interest in the land or tenement under the lease, he could not be dispossessed by this form of action; if the term was to expire at the end of ten years, and the tenant by virtue of the lease was entitled to be paid for his improvements, the landlord could not dispossess him under this form of action unless he first tendered the value of the improvements; so also if a tenant be induced to put up valuable improvements upon demised premises under a written agreement that he shall be permitted to enjoy them for a definite…

1Opinion of the CourtBates, Judge

This is an action for unlawful detainer. The complaint showed that the plaintiff, on the 21st of June, 1849,'leased to one Brown, for the term of ten years from that date, a lot of ground in the city of St. Louis ; that the defendant occupied a part of said premises under said lease and lessee; that the term granted by said lease had fully expired by lapse of time; that the lease contained a covenant by the lessee to erect certain buildings on the land, and that they had not been erected; that the lease provided that any failure by the lessee to perform a covenant should create a forfeiture…

2Cases cited1 opinion

  1. Ridgley v. StillwellSupreme Court of Missouri · 1859

3Cited by12 opinions

  1. Arnot v. AlexanderSupreme Court of Missouri · 1869
  2. Wells Fargo Bank, N.A. v. SmithSupreme Court of Missouri · 2013
  3. Peterson v. KreugerSupreme Court of Minnesota · 1897
  4. Morris v. DavisSupreme Court of Missouri · 1933
  5. Medicus v. AltmanMissouri Court of Appeals · 1918

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