McFarland Real Estate Co. v. Joseph Gerardi Hotel Co.
Supreme Court of Missouri
Error to St. Louis City Circuit Court. — How. Robert M. Foster, Judge. (1) The mortgage was on the fee simple title; being prior to the lease its foreclosure ended and determined not only the lessor’s title, but extinguished the lease. Consequently, under plaintiff’s own showing he was not the owner of the lease and defendant was not a tenant holding over after the expiration of the lease, January 9, 1904. Culverhouse v. Worts, 32 Mo.
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Error to St. Louis City Circuit Court. — How. Robert M. Foster, Judge. (1) The mortgage was on the fee simple title; being prior to the lease its foreclosure ended and determined not only the lessor’s title, but extinguished the lease. Consequently, under plaintiff’s own showing he was not the owner of the lease and defendant was not a tenant holding over after the expiration of the lease, January 9, 1904. Culverhouse v. Worts, 32 Mo. App. 419; Vaughn v. Locke, 27 Mo. 290-; Cook v. Ba Som, 164 Mo. 594; Robinson v. Troup Min. Co., 55 Mo. App. 662; Corrigan v. Chicago-, 144 111. 537; Stout v.…
1Opinion of the CourtWoodson, J.
-This is an unlawful detainer proceeding, instituted before a justice of the peace on January 11, 1904, in the city of St. Louis, for the recovery of the possession of a tract of land one hundred feet square, fronting on Taylor avenue, in said city, upon which was located the Westmoreland Hotel Annex, which will hereafter be called the Annex, and removed, by writ of certiorari, to the circuit court because the question involved the title to real' estate.
The facts in the case are as follows:
On and prior to January 9, 1809, David W. Graham was the owner, subject to a deed of trust thereon,…
2Cases cited4 opinions
- Lenox v. HarrisonSupreme Court of Missouri · 1885
- Weil v. PostenSupreme Court of Missouri · 1883
- Kane v. MinkSupreme Court of Iowa · 1884
- Cook v. BasomSupreme Court of Missouri · 1901
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- New York Life Ins. v. Simplex Products Corp.Ohio Supreme Court · 1939
- McIlvain v. KavorinosSupreme Court of Missouri · 1951
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