182 Mo. 111 | Mo. | 1904
This is an action for the partition of three hundred acres of land in Monroe county among the heirs of John Dixon, deceased, who was its owner in fee at the time of his death. The defendant, B. F. Finnegan, is the husband of the defendant, Matilda M. Finnegan, who is a daughter of said John Dixon. B. F. Finnegan by his answer denies the right of plaintiffs to the partition of that part of the lands described in plaintiffs ’ petition as lot two in the northwest quarter of section three, and lot two in the northeast quarter of section four, in township fifty-five, range eight, and sets up as a defense that he was in the actual possession thereof and had been since March 1, 1894, unde'r and by virtue of a written lease entered into on September 7, 1894, by the terms of which he leased and rented from John Dixon, deceased, for a term of ten years, beginning on said first day of March, 1894, and ending on March 1, 1904, and further claimed the title thereto by virtue of said lease adversely to plaintiffs. Defendants’ answer admits that John Dixon, deceased, was the common source of title to said lands as alleged in plaintiffs ’ petition.
The written lease referred to in the answer is as follows:
“Indian Creek, Mo., Sept 7,1894.
“Article of agreement by and between John Dixon of Indian Creek, Monroe county, Missouri, party of the first part, and B. F. Finnegan, of the county and State aforesaid, party of the second part.
“Witnesseth that in consideration of one hundred dollars per year from March 1, 1894, the party of the first part agrees to lease one hundred and sixty acres, more or less, of land lying and being in the county of Monroe and State of Missouri, and situated in sections three and four, and township fifty-five, range eight, for the period of ten years, to have and to hold the above-named land with all the rights and privileges of a tenant and to use said land and everything thereon to his best advantage and the party of the second part agrees to do all fencing and pay the above-named amount promptly when due — first payment to be made March 1,1895, and each year thereafter.
“And the party of the second part agrees to let the party of the first part have fire wood off said land, and the party of the second part agrees to pay the taxes on said land.
“John Dixon, (Seal)
“B. F. Finnegan, (Seal).
“Witness: W. A. Finnegan,.
“Witness: J. P. Sohlinger.”
It is contended by appellant that when this lease is read together with the proof which the evidence tended
Finding no reversible error in the record, we affirm the judgment.