Wright v. Bircher's
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. 1. The conveyance or lien embodied in the quoted clause in the lease has no reference to the property in dispute, because it was not in existence at the time the lease was made, and the language of the clause is in prmsenti, not in futuro. 2. If the clause refers to the property in dispute, it conveys nothing and creates a lien on nothing, at law, because the property was not in existence at the making of the lease, and a conveyance or…
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Appeal from St. Louis Court of Appeals. 1. The conveyance or lien embodied in the quoted clause in the lease has no reference to the property in dispute, because it was not in existence at the time the lease was made, and the language of the clause is in prmsenti, not in futuro. 2. If the clause refers to the property in dispute, it conveys nothing and creates a lien on nothing, at law, because the property was not in existence at the making of the lease, and a conveyance or mortgage of non-existing property is void at law. McCaffrey v. Wooden, 62 Barb. 316; Butterfield, v. Baker, 5 Pick.…
1Opinion of the CourtHenry, J.
This cause was submitted to the circuit court on the 6th day of March, 1877, upon an agreed statement of facts, in substance the following: Bircher was the owner of a six story building in St. Louis, on the southeast corner of Sixth and Chestnut streets, adjoining the Laclede hotel, and on the 7th day of February, 1873, while work was in progress upon it to convert it into a hotel building, leased it to John W. and Walter Malin, to be used by them, when completed, as a hotel. The date of the lease was February 7th 1873. It was signed in duplicate, each of the two parties receiving one. At…
2Cases cited9 opinions
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Seymour & Brown v. Canandaigua & Niagara Falls Rail RoadNew York Supreme Court · 1857
- Sillers v. LesterMississippi Supreme Court · 1873
- Morrill v. NoyesSupreme Judicial Court of Maine · 1863
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3Cited by33 opinions
- Georgia Southern & Florida Railroad v. Mercantile Trust & Deposit Co.Supreme Court of Georgia · 1894
- Hughes v. MenefeeMissouri Court of Appeals · 1888
- Sieg v. GreeneCourt of Appeals for the Eighth Circuit · 1915
- Petring v. ChrislerSupreme Court of Missouri · 1886
- Kenney v. HurlburtOregon Supreme Court · 1918
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