Bierkenkamp v. Bierkenkamp
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. John A. Tally, J udge. STATEMENT OF THE CASE. Auuie L. Bierkenkamp was tbe owner of a life estate in a lot and dwelling thereon, described' as No. 4041, North Ninth street, in the city of St- Louis. A room on the lower floor of said house was occcupied by defendant and her husband, who was the son of said Annie L. Bierkenkamp.
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Appeal from St. Louis City Circuit Court. — Hon. John A. Tally, J udge. STATEMENT OF THE CASE. Auuie L. Bierkenkamp was tbe owner of a life estate in a lot and dwelling thereon, described' as No. 4041, North Ninth street, in the city of St- Louis. A room on the lower floor of said house was occcupied by defendant and her husband, who was the son of said Annie L. Bierkenkamp. There was evidence tending to show that the son and his wife paid rent for such occupancy at the rate of two dollars per week, and after the death of the son, his widow, Louise O. E. Bierkenkamp, declined to pay further…
1Opinion of the CourtBond, J.
Unlawful detainers are'of two kinds: first, a willful holding over without force, after the expiration of a term; second, a wrongful disseizin without force of a prior possessor. In cases of the first class, no demand in writing for the delivery of the possession is required before the institution of the suit. In cases of the second class, such a demand is indispensable. R. S. 1899, sec. 3321; Anderson v. McClure, 57 Mo. App. 96; Building Ass’n v. Murphy, 75 Mo. App. 57. The admissions contained in the record, -that- the life estate,in the house and lot was vested in the plaintiff,…
2Cases cited2 opinions
- Anderson v. McClureMissouri Court of Appeals · 1894
- Equity Building & Loan Ass'n v. MurphyMissouri Court of Appeals · 1898
3Cited by7 opinions
- Gary Realty Co. v. KellySupreme Court of Missouri · 1919
- Ray v. BlackmanMissouri Court of Appeals · 1906
- Massey v. GoforthMissouri Court of Appeals · 1957
- Aubuchon v. FosterMissouri Court of Appeals · 1919
- Link v. HarringtonMissouri Court of Appeals · 1891
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