Legal Opinion

Finney's Trustees v. City of St. Louis

Supreme Court of Missouri

Decided October 15, 1866PublishedCited by 10 opinions

Error to St. Louis Land Court. What, on the face of the contract made by the parties, was the right secured to Ahern ? He was holding under the lease with the consent of Finney, and had all the rights guaranteed by the lease; one of these rights was that of removing the house.

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Error to St. Louis Land Court. What, on the face of the contract made by the parties, was the right secured to Ahern ? He was holding under the lease with the consent of Finney, and had all the rights guaranteed by the lease; one of these rights was that of removing the house. Where a lessee puts improvements on the landlord’s property for the purpose of “ornament, domestic convenience, or to carry on trade,” the law is now settled that the tenant lessee may remove the same from the premises — Tayl. Land. & Ten. p. 368, §§ 544-5; 2 Kent Com. 342-3; 28 Mo. 70; 36 Mo. 324; King v. Wilcomb, 7…

1Opinion of the CourtWagner, Judge

This was a petition for an injunction to restrain the City of St. Louis from paying the sum of $1,850 to the defendant Ahern, and to compel its payment to the plaintiffs.

The facts in the case seem to be that Einney, by an instrument in writing dated May 7, 1860, leased to the defendant Ahern a lot in the city of St. Louis, fronting on Washington avenue, for one year from the 1st day of January, 1860j for the sum of $60. By the terms of the lease Ahern was to pay all State, county and city taxes, and on compliance with the conditions to be allowed to remove a brick building which he had…

2Cases cited2 opinions

  1. Jackson ex dem. Wood v. SalmonNew York Supreme Court · 1830
  2. Quinette v. CarpenterSupreme Court of Missouri · 1865

3Cited by10 opinions

  1. Searle v. Roman Catholic Bishop of SpringfieldMassachusetts Supreme Judicial Court · 1909
  2. Thiebaud v. First National BankIndiana Supreme Court · 1873
  3. Bright v. McOuatIndiana Supreme Court · 1872
  4. Blanchon v. Kellerstrass Distilling Corp.Missouri Court of Appeals · 1919
  5. Kilbourne v. ForesterMissouri Court of Appeals · 1970

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