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28 Mo. 65

Young v. Smith

Supreme Court of Missouri

Decided January 15, 1859

Supreme Court of Missouri · decided 1859-01-15

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…

Relies on Holland v. Reed

Good law ✅— No negative treatment on recordhow we know

Decided 1859-01-15

How this case has been cited

Cited by 16 later decisions — most recently April 1986

16 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Scott, Judge,

¶1delivered the opinion of the court.

¶2The 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 necessary when any person wrongfully and without force shall obtain and continue in possession of the lands of another.

¶3We do not see what a lease from Lewis to the defendant has to do with the case, as he acknowledged the plaintiff to be his landlord. There was no evidence given or offered that *69Lewis denied the right of the plaintiff. On the contrary, the. circumstances raise a strong presumption of a conveyance or sale of the premises by Lewis to Young, the plaintiff, and there is no pretence that there was any misrepresentation on the part of the plaintiff. There is no foundation in the evidence for the application of the law relative to the attornment by a tenant to a stranger. So far from it, the case furnishes an instance in which the rale is applicable, that a tenant can not dispute the title of h'is landlord. (Hall v. Butler, 2 Perry & Dav. 374 ; 10 Adol. & Ellis, 204.)

¶4"When the term of a lease is to end on a precise day, there is no occasion for a notice to quit previously to bringing an ejectment, because both parties are equally apprised of the determination of the term. (Cobb v. Stoke, 8 East. 358.) In this case the lease was for a less term than one year. (Messenger v. Armstrong, 4 Term, 54; ib. 162.) Although the thirteenth section of the act concerning landlord and tenant, among other tenancies, allows a tenancy for less than one year to be terminated by a month’s notice to quit, yetj the section immediately succeeding enacts that no notice to' quit shall be necessary to or from a tenant whose term is to end at a certain time, or where by agreement notice is dispensed with. This is nothing but a principle of common law,1 and it is applicable to all tenancies without regard to their duration.

¶5The doctrine of the case of Reed v. Holland, 11 Mo. 605, and others like it, that he only who has been in possession of land can maintain a suit for a forcible entry and detainer or of unlawful detainer, was changed at the last revision; (R. C. 1855, p. 794, § 36 ;) and now heirs, devisees, grantees and assigns may have these remedies.

¶6Judgment affirmed;

Judge Richardson concurring. Judge Napton absent.
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