Legal Opinion

Benoist v. Thomas

Supreme Court of Missouri

Decided May 14, 1894PublishedCited by 7 opinions

Appeal from St. Louis County Circuit Court. — Hon. W. W. Edwards, Judge. (1) Appellant was entitled to a trial by jury. Constitution of Missouri, art. 2, sec. 28; R. S. 1889, sec. 7145; 4 Kent’s Com., 412, and cases cited. (2) Equity would never decree a partition until title bad been settled by a jury. 4 Kent’s Com., 412, and cases.

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Appeal from St. Louis County Circuit Court. — Hon. W. W. Edwards, Judge. (1) Appellant was entitled to a trial by jury. Constitution of Missouri, art. 2, sec. 28; R. S. 1889, sec. 7145; 4 Kent’s Com., 412, and cases cited. (2) Equity would never decree a partition until title bad been settled by a jury. 4 Kent’s Com., 412, and cases. (3) The relation of landlord and tenant does not arise between a purchaser and the occupant, until the latter voluntarily attorns, or the purchaser exhibits his deed and demands an attornment. Gray v. Rog~ eos, 30 Mo. 258; Lindmbowerv. Bentley, 86 Mo. 515; Green…

1Opinion of the CourtBarclay, J.

This is an action for the partition of a lot of land in St. Louis county. The plaintiffs are owners of one undivided half of the lot. To the other half, each of the two defendants asserts full title.

Mrs.Thomas by her separate answer sets up a title by adverse possession under the statute of limitations. Mr. Rothschild claims under a chain of recorded conveyances.

The facts shown at the trial court were these:

The property formerly belonged to one Rannells, who, in 1866, sold to Christy & Ryan, a firm composed of James Christy, ancestor of plaintiffs, and Thomas Ryan. The property was at first…

2Cases cited1 opinion

  1. Earl v. HartSupreme Court of Missouri · 1886

3Cited by7 opinions

  1. Gunn v. ThrustonSupreme Court of Missouri · 1895
  2. Barkhoefer v. BarkhoeferMissouri Court of Appeals · 1902
  3. State Ex Rel. Barker v. TobbenSupreme Court of Missouri · 2010
  4. Frowein v. PoageSupreme Court of Missouri · 1910
  5. Pullen v. HartSupreme Court of Missouri · 1922

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