Ridgley v. Stillwell
Supreme Court of Missouri
Error to St. Louis Land Cowrt. This was an action of forcible entry and detainer brought before a justice of the peace March 21,1857, and removed to tbe land court by certiorari. The plaintiff proved that defendant went into possession of the premises in March, 1851, under a verbal letting; that due notice to quit was given on the 21st of August, 1856; also a written demand of possession on the 19th March, 1857; also, the monthly value of the rents, &c.
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Error to St. Louis Land Cowrt. This was an action of forcible entry and detainer brought before a justice of the peace March 21,1857, and removed to tbe land court by certiorari. The plaintiff proved that defendant went into possession of the premises in March, 1851, under a verbal letting; that due notice to quit was given on the 21st of August, 1856; also a written demand of possession on the 19th March, 1857; also, the monthly value of the rents, &c. The defendant proved that the plaintiff put up the building on the premises, which was not entirely completed when the defendant went into…
1Opinion of the CourtRichardson, Judge
By the statute of frauds, the estate in this case, being created by parol, had only the force and effect of an estate at will, (1 R. C. 1855, p. 806,) which is construed to operate as a tenancy from year to year. (Kerr v. Clark, 19 Mo. 132.)
*404The theory of the defence which the defendant proposed to make is, that part performance of the parol contract took it out of the statute and entitled him in equity to a specific performance; but this proceeding was for an unlawful de-tainer, which was necessarily commenced before a justice of the peace, who had no power to inquire and decide whether the…
2Cases cited1 opinion
- Kerr v. ClarkSupreme Court of Missouri · 1853
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- Morris v. DavisSupreme Court of Missouri · 1933
- Finney v. CistSupreme Court of Missouri · 1863
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