Legal Opinion

Pierce v. Rollins

Missouri Court of Appeals

Decided January 28, 1895PublishedCited by 6 opinions

Error to the Jackson Circuit Court. — Hon. E. L. Scabbitt, Judge. (1) The first assignment of error is that the court erred in refusing to admit in evidence the deed of trust and trustee’s deed.

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Error to the Jackson Circuit Court. — Hon. E. L. Scabbitt, Judge. (1) The first assignment of error is that the court erred in refusing to admit in evidence the deed of trust and trustee’s deed. While a tenant can not be permitted, in the absence of eviction or its equivalent, to deny the validity of the title under which his landlord puts him in possession, he can always show that the title has expired. or passed to himself or into other hands, and that he is holding in his own right or under the new owner. Higgins v. Turner, 61 Mo. 249; Chaffin v. Brockmeyer, 33 Mo. App. 92-97; Mier v.…

1Opinion of the CourtSmith, P. J.

This case, as to its salient facts, is quite complex, but is simple enough as to the governing legal principles by which the rights of the parties in respect to the subject-matter thereof are to be determined. It indisputably appears from the record *501before us that in August, 1887, one Quimby entered into a contract with the plaintiff whereby he agreed to convey her the title in fee to a certain lot in the city of Westport; that afterward, about the first of March, 1888, the said Quimby put plaintiff in possession of-said lot who thereupon proceeded to erect a dwelling house thereon; that,…

2Cases cited9 opinions

  1. Sheets v. Selden's LesseeSupreme Court of the United States · 1865
  2. Austin v. . AhearneNew York Court of Appeals · 1874
  3. Fisher v. DeeringIllinois Supreme Court · 1871
  4. Lindley v. DakinIndiana Supreme Court · 1859
  5. Bertram v. CookMichigan Supreme Court · 1875

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Snadon v. GayerMissouri Court of Appeals · 1978
  2. Richmond v. AshcraftMissouri Court of Appeals · 1909
  3. Oil Well Supply Co. v. MetcalfMissouri Court of Appeals · 1913
  4. Redman v. PerkinsMissouri Court of Appeals · 1906
  5. Graham v. ConwayMissouri Court of Appeals · 1902

1 more not listed; retrieve them via the Exa API.

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