Young v. Smith
Supreme Court of Missouri
Error to Jackson Circuit Court. This was an action for an unlawful detainer. The plaintiff adduced in evidence an instrument in writing, dated September 16, 1857, by which it was stipulated, among other things, that Smith, the defendant in this suit, “ is to retain the occupancy of the house and grounds now in his possession and rented heretofore from John Lewis, until the first day of January nest, at which time the rents, &c., * * * * It is understood that said Smith is to…
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Error to Jackson Circuit Court. This was an action for an unlawful detainer. The plaintiff adduced in evidence an instrument in writing, dated September 16, 1857, by which it was stipulated, among other things, that Smith, the defendant in this suit, “ is to retain the occupancy of the house and grounds now in his possession and rented heretofore from John Lewis, until the first day of January nest, at which time the rents, &c., * * * * It is understood that said Smith is to give the said Young-peaceable possession of the said premises without delay on the first of January, 1859.” Upon this…
1Opinion of the CourtScott, Judge
The third section of the act concerning forcible entry and detainer describes two modes by which the wrong of an unlawful detainer may be committed.'’ To entitle a plaintiff to remedy for an unlawful detainer in the manner first mentioned in that section, no demand in writing is necessary. If the tenant holds over the premises after the termination of the time for which they were demised or let to him, he is subject to a suit for an unlawful detainer without any demand in writing for the delivery of the possession. This is evident from the words of the statute. A demand in writing is only…
2Cases cited1 opinion
- Holland v. ReedSupreme Court of Missouri · 1848
3Cited by14 opinions
- Pentz v. KuesterSupreme Court of Missouri · 1867
- Silvey v. SummerSupreme Court of Missouri · 1875
- Ray v. BlackmanMissouri Court of Appeals · 1906
- Kilbourne v. ForesterMissouri Court of Appeals · 1970
- Mid-West Engineering & Construction Co. v. CampagnaSupreme Court of Missouri · 1965
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