77 Mo. 140 | Mo. | 1882
The plaintiff and one Hines rented 160 acres of land in Cass county, from A. J. Summers, for one year, beginning March 1st, 1878, and ending March 1st, 1879. In June, 1878, T. A. Honaker purchased the interest of said Hines under said lease, and under an agreement with said tenants and with the consent of the landlord, one Foster occupied and cultivated the northwest quarter of said tract. During the year 1878, A. J. Summers sold said 160 acres to one Jenkins, and sometime thereafter said Summers, acting as the agent of Jenkins, leased the whole of said tract to the plaintiff for one year, beginning March 1st, 1879, and ending March 1st, 1880. It further appears that in 1877, one L. P. Summers purchased said land at a s..le under execution against A. J. Summers, and in December, 1878, he leased said land to Honaker for one
A. II. Roby, to C. C. Hawkins, Dr.
To trespass and damage by forty-seven head of cattle from March 10th to March 17th, 1879, belonging to and owned by A. H. Roby, on fields of stalks owned by C. C. Hawkins . . . $18 80
C. C. Hawkins.
At the time this suit was tried; an action of unlawful detainer brought by Jenkins against Honaker and Foster, was pending and undetermined. The plaintiff recovered judgment before the justice and also in the circuit court, and the defendant has appealed.
If L. P. Summers had purchased the farm in question under the trust deed, or at execution sale, after the making of the lease by A. J. Summers to Hawkins and Hines,