7 Mo. 43
Decided May 15, 1841
Supreme Court of Missouri · decided 1841-05-15
Louis Circuit Court. 1. That the circuit court erred in refusing to give the instructions asked by the counsel for the defendant, because it is clear from the testimony in the cause that there existed a tenancy : that the appellant was to all intents and purposes a tenant; that his tenancy had been recognised by William Dalmore, one of the appellees, by the acceptance of rents, and the doing of other acts which showed that Dalmore considered and treated Tiernan as a tenant.
Cited by 1 later decisions — most recently December 1960
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1841-05-15
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¶1I concur in reversing the judgment, upon the ground that whether the lease was voidable or void, the acceptance of *46rent by the parties after the expiration of the guardianship, an-implied tenancy from year to year, which required notice to quit.
¶2I concur in the amendment of this opinion by Judge Napton.