Griffith v. Schwenderman
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. This is an action of ejectment to recover possession of lot No. 28, in block No. 8, in St. Charles common. Plaintiff is an infant. She claims title under a lease made to herself on the 23d of October, 1856, by the city of St. Charles. This lease was made upon the surrender by plaintiff of a lease made by ihe trustees of the town of St. Charles on the 18th of June, 1831, to one Asa Griffith.
Read the full summary
Appeal from St. Charles Circuit Court. This is an action of ejectment to recover possession of lot No. 28, in block No. 8, in St. Charles common. Plaintiff is an infant. She claims title under a lease made to herself on the 23d of October, 1856, by the city of St. Charles. This lease was made upon the surrender by plaintiff of a lease made by ihe trustees of the town of St. Charles on the 18th of June, 1831, to one Asa Griffith. The defendant claimed title by virtue of an entry, in the year 1836, in the United States land office at St. Louis, of the east one-half of the south-east quarter of…
1Opinion of the CourtScott, Judge
The lease made by the city of St. Charles to the plaintiff on the 23d day of October, 1856, was at least binding on the city. It was signed, sealed and delivered, and passed title to the plaintiff. Leases to infants are not absolutely void; they are but voidable, and it is not for third persons to set up the defence of infancy. A deed might be in such terms as would induce a court to pronounce it void as to an infant. But leases to infants are, like all other contracts, void at their election. (Taylor’s Landlord & Tenant, 58.)
The damages recovered having been remitted, it will not be…
2Cited by8 opinions
- Crispen v. HannavanSupreme Court of Missouri · 1872
- Nilges v. NilgesMissouri Court of Appeals · 1980
- Green v. IrvingMississippi Supreme Court · 1877
- Ozark Plateau Land Co. v. HaysSupreme Court of Missouri · 1891
- Wiggins Estate Co. v. JefferySupreme Court of Alabama · 1944
3 more not listed; retrieve them via the Exa API.