Willi v. Dryden
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The legal rule in the construction of written instruments, even where detached and separated, is to construe them as one writing. (15 Mo., 40; 7 Har. and John’s 296; 18 Johns., 420.) The assignment of a lease puts the assignee into the place the assignor with all the benefits and burthens attending the original lease, and the inherent covenants go with the land into whose hands soever the lands come.
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Appeal from St. Louis Circuit Court. The legal rule in the construction of written instruments, even where detached and separated, is to construe them as one writing. (15 Mo., 40; 7 Har. and John’s 296; 18 Johns., 420.) The assignment of a lease puts the assignee into the place the assignor with all the benefits and burthens attending the original lease, and the inherent covenants go with the land into whose hands soever the lands come. (Waldo vs. Hal], 14 Mass., 486.) The same doctrine is the foundation of two decisions of Missouri which, so far as this doctrine applied, are decisive. (Blair…
1Opinion of the CourtWagneb, Judge
From the record it appears, that on the 23rd day of October, 1865, the plaintiff executed a lease of certain real estate in the Oity of St. Louis, to one Isaac H. Merritt.
The lease was for the term of eleven years, upon condition that the lessee should pay the lessor the annual sum of eight hundred and ten dollars in quarterly instalments, and in addition thereto should pay all taxes charged against the propei*ty. Merritt, the lessee, took possession of the premises, and *321on the 19th day of July, 1866, assigned and transferred the lease to the Southwestern Freight and Cotton Press Company. The…
2Cases cited2 opinions
- Waddell v. WilliamsSupreme Court of Missouri · 1872
- Smith v. BrinkerSupreme Court of Missouri · 1852
3Cited by5 opinions
- Cape Girardeau County ex rel. Road & Canal Fund v. HarbisonSupreme Court of Missouri · 1874
- Edmonds v. MounseyIndiana Court of Appeals · 1896
- Smith v. WardenSupreme Court of Missouri · 1885
- South Lakeview Plaza v. Citizens National Bank of Greater St. LouisMissouri Court of Appeals · 1985
- Lindsley v. Joseph Schnaide Brewing Co.Missouri Court of Appeals · 1894