Loring v. Harmon
Supreme Court of Missouri
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.
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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
- Lessee of Hamilton v. MarsdenSupreme Court of Pennsylvania · 1813
- Johnson v. ChelyCalifornia Supreme Court · 1872
- Higgins v. TurnerSupreme Court of Missouri · 1875
- Carter v. MarshallIllinois Supreme Court · 1874
3Cited by5 opinions
- Cherokee Strip Live Stock Ass'n v. Cass Land & Cattle Co.Supreme Court of Missouri · 1897
- Patterson v. YanceyMissouri Court of Appeals · 1903
- Campbell v. ShortSupreme Court of Oklahoma · 1917
- Williams v. NelsonUtah Supreme Court · 1925
- Aultman, Miller & Co. v. LoringMissouri Court of Appeals · 1898