May v. Luckett
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. Defendant was not plaintiff’s tenant, nor did he"attorn to his grantee. Hence the case of Pentz v. Kuester has no application. Such attornment is essential; otherwise the possession remains unchanged in the landlord. In the case at bar the possession was in plaintiff when defendant entered, and the entry was trespass.
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Appeal from St. Charles Circuit Court. Defendant was not plaintiff’s tenant, nor did he"attorn to his grantee. Hence the case of Pentz v. Kuester has no application. Such attornment is essential; otherwise the possession remains unchanged in the landlord. In the case at bar the possession was in plaintiff when defendant entered, and the entry was trespass. (Forcible Entry and Detainer Act, §§ 1, 16, 36.) I. Defendant’s entry was made with the knowledge and consent of plaintiff’s tenant. II. Plaintiff’s tenant had a legal right to attorn to plaintiff’s grantee. IH. As between landlord and…
1Opinion of the CourtBliss, Judge
The plaintiff rented certain premises to one Mrs. Pulliam, and while she was in possession they were sold upon execution against him and bid in by defendant’s grantor. An effort was made to induce Mrs. Pulliam to attorn to defendant, but refusing to do so she abandoned the premises, leaving the key in the door, and within twenty-four hours the defendant entered. The plaintiff was a non-resident, and when advised of the transaction brought his action for unlawful detainer. The case was appealed, and in the Circuit Court the defendant was permitted to prove the execution, sale and deeds; and…
2Cases cited4 opinions
- Pentz v. KuesterSupreme Court of Missouri · 1867
- Spalding v. MayhallSupreme Court of Missouri · 1858
- Warren v. Ritter & RitterSupreme Court of Missouri · 1848
- McCartney's v. AldersonSupreme Court of Missouri · 1869
3Cited by14 opinions
- McLean v. CaldwellTennessee Supreme Court · 1901
- Comstock v. EastwoodSupreme Court of Missouri · 1891
- First Nat. Bank of Kansas City v. KavorinosSupreme Court of Missouri · 1954
- Burdette v. CorganSupreme Court of Kansas · 1882
- Redman v. PerkinsMissouri Court of Appeals · 1906
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