Legal Opinion

Loring v. Harmon

Supreme Court of Missouri

Decided October 15, 1884PublishedCited by 5 opinions

Error to Be Kalb Circuit Court.— Hon. Jos. P. Grubb, Judge. (1) The only question in this case is whether or not there is anything in the record showing that Harmon is estopped from disputing the title of Loring to the land sued for. At the time Loring made his claim to the land Harmon was tenant of Simons. Loring was a stranger, not having taken any title by his sheriff ’ s deed The attempt of Harmon to attorn to him was, therefore, void.

Read the full summary

Error to Be Kalb Circuit Court.— Hon. Jos. P. Grubb, Judge. (1) The only question in this case is whether or not there is anything in the record showing that Harmon is estopped from disputing the title of Loring to the land sued for. At the time Loring made his claim to the land Harmon was tenant of Simons. Loring was a stranger, not having taken any title by his sheriff ’ s deed The attempt of Harmon to attorn to him was, therefore, void. R. S. 1879, sec. 3080. (2) Harmon’s possession was the possession of Simons, and he was bound to keep possession for his landlord, and he could not at the…

1Opinion of the Court

Ewing, C.

This is an action in the nature of ejectment to recover possession of the northeast quarter of the southwest quarter of section two, township fifty-nine, range thirty, in DeKalb county. The petition was in the usual form, and the answer a general denial. The plaintiff offered in evidence a sheriff’s deed to himself, from the sheriff of DeKalb county under a judgment in favor of Aultman, Miller & Co., and against Whitney W. Simons. This deed purported to convey the interest of Simons in the land in controversy. It was objected to by the defendant “because it showed on' its face that…

2Cases cited4 opinions

  1. Lessee of Hamilton v. MarsdenSupreme Court of Pennsylvania · 1813
  2. Johnson v. ChelyCalifornia Supreme Court · 1872
  3. Higgins v. TurnerSupreme Court of Missouri · 1875
  4. Carter v. MarshallIllinois Supreme Court · 1874

3Cited by5 opinions

  1. Cherokee Strip Live Stock Ass'n v. Cass Land & Cattle Co.Supreme Court of Missouri · 1897
  2. Patterson v. YanceyMissouri Court of Appeals · 1903
  3. Campbell v. ShortSupreme Court of Oklahoma · 1917
  4. Williams v. NelsonUtah Supreme Court · 1925
  5. Aultman, Miller & Co. v. LoringMissouri Court of Appeals · 1898

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API