Leidy v. Carson
Missouri Court of Appeals
Appeal from Andrew Circuit Court. — Eon. Alonzo D. Burnes, Judge. (1) The contract and intent of the tenant and his assignees being that the cornstalks and grass grown on the leased land should not be cut and removed, but the land should be used by the assignees for consumption of stalks and grass continuously on the land until the end of the lease, the stalks and grass were a real estate interest and not personalty. McClintock’s Appeal, 71 Pa. ,366; Benjamin on Sales (4 Am.
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Appeal from Andrew Circuit Court. — Eon. Alonzo D. Burnes, Judge. (1) The contract and intent of the tenant and his assignees being that the cornstalks and grass grown on the leased land should not be cut and removed, but the land should be used by the assignees for consumption of stalks and grass continuously on the land until the end of the lease, the stalks and grass were a real estate interest and not personalty. McClintock’s Appeal, 71 Pa. ,366; Benjamin on Sales (4 Am. Ed.), p. 138, note; Avitt & Robinson v. Farrell, 68 Mo. App. 668. (2) The attempted contract between the tenant and…
1Opinion of the CourtJohnson, J.
— Respondents have moved that the judgment herein be affirmed for the reason that the defendant did not except to the action of the court in overruling his motion for a new trial and in arrest of judgment. But the record shows that he did so except, con’sécjuently respondents’ motion is overruled.
The plaintiffs commenced this suit before a justice of the peace Avhere it Avas tried and appealed to the circuit court upon substantially the following statement: “Plaintiffs for their cause of action state that on the *328th day of November, 1902, they were lawfully possessed of their own property…
2Cases cited2 opinions
- McClintock's AppealSupreme Court of Pennsylvania · 1872
- Avitt & Robinson v. FarrellMissouri Court of Appeals · 1897
3Cited by5 opinions
- Moore v. Western Union Telegraph Co.Missouri Court of Appeals · 1912
- Spencer v. BrunerMissouri Court of Appeals · 1907
- Ping v. KershawSupreme Court of Oklahoma · 1923
- Agnew v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1914
- H. D. Williams Cooperage Co. v. Quercus Lumber Co.Missouri Court of Appeals · 1915