Wilkinson v. Wilkinson
Missouri Court of Appeals
Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. An action for use or occupation can not be maintained, unless the relation of landlord and tenant exists. Instruction number 1 asked at' the close of the evidence for plaintiff, and again asked at the close of the ease for both sides, should have been given. Suits v. Tailor, 20 Mo. App. 166; Oreen v. Sternberg, 15 Mo.
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Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. An action for use or occupation can not be maintained, unless the relation of landlord and tenant exists. Instruction number 1 asked at' the close of the evidence for plaintiff, and again asked at the close of the ease for both sides, should have been given. Suits v. Tailor, 20 Mo. App. 166; Oreen v. Sternberg, 15 Mo. App. 32; Cohen v. Kyler, 27 Mo. 122; Edmunson v'. Kite, 43 Mo. 176; Sunton v. Powers, 38 Mo. 354; Ice €o. v. Potter, 123 Mass. 28; Keener ón Quasi Contracts, p. 360; Watkins, Administratrix, v. Trustees of…
1Opinion of the CourtGill, J.
This is a suit for the use and occupation of forty acres of farm land. Plaintiff had judgment in the circuit court for $80, and defendant appealed.
The parties litigant are brothers — sons of James S. Wilkinson, who, until the spring of 1891, owned two hundred acres of land near Chapel Hill, Missouri. For several years prior to 1891, Wilkinson, Sr. (a man past ninety years of age), lived on this land with his son, Robert, the defendant, who, for the use thereof, kept or boarded the old gentleman. In April, 1891, Wilkinson, Sr., divided the land among his four chil*251dren, giving each a forty,…
2Cases cited1 opinion
- Scott v. HawsmanU.S. Circuit Court for the District of Ohio · 1840
3Cited by4 opinions
- McNeill v. McNeillMissouri Court of Appeals · 1970
- Williams v. TreeceMissouri Court of Appeals · 1914
- Gillespie v. HendrenMissouri Court of Appeals · 1903
- Searles v. RandallMontana Supreme Court · 1930