56 Mo. App. 453 | Mo. Ct. App. | 1894
— This action of unlawful detainer was instituted before a justice of the peace on March 7, 1892. It was subsequently removed to the circuit court on writ of certiorari, where, on a trial before the court, a jury having been waived, the issues were found in favor of the defendant.
On this appeal the plaintiff claims that, under the law and the undisputed facts, the judgment is wrong; that the court admitted irrelevant testimony against the plaintiff’s objections, and that the court erred in giving and refusing instructions.
The defendant read in evidence a warranty deed from the plaintiff to James M. Azdell, conveying the leased premises. This deed was executed and acknowledged on January 28,1892, and was filed for record two days thereafter. The plaintiff objected and excepted to'the reception of the deed in evidence. This was all the evidence introduced by the defendant.
In rebuttal, the plaintiff read in evidence the following contract:
“Mexico, Mo., January 30, 1892.
“Having sold my farm of one hundred and forty acres of land, being one hundred and forty acres off of the north end of the west half of sect. 24, twp. 52, R. 8, Audrain county, Missouri, to J. M. Azdell, do hereby agree to give said J. M. Azdell possession of said described land or premises on March 1, 1892.
“(Signed) James Logan, [seal.]”
Plaintiff testified that, when he sold the land, he agreed to dispossess the defendant and to put Azdell in possession of the farm, and that for this reason he gave the agreement read in evidence.
As there were no instructions, or at least none are copied into the record, the sufficiency of the evidence to authorize the judgment is the only question for our determination.
The general.rule is, that the tenant can not dispute the title of his landlord, but this only applies to the
But the contention made by counsel for appellant is, that when there has been a voluntary sale, the tenant, in order to defend against the action of his landlord, must show that he has attorned to the purchaser. In support of this position it may be said that, where' this defense has been allowed to tenants in this state, the cases show that attornments have been made, also that in the case of Gray v. Rodgers, 30 Mo. 558, which is somewhat analogous, the supreme court decided that, where the landlord sells the leased premises, the tenant is not discharged from the payment of rents to the former until the vendee' notifies the tenant that he claims the rent.
On the other hand, the supreme court in the case of Stagg v. Eureka Co., 56 Mo. 317, stated the rule (without qualification), that “the lessee may show that the landlord’s title has expired since the execution of the lease, but can not show a paramount or independent adverse title. ’ ’ The same principle was announced by this court in the case of Chaffin v. Brockmeyer, supra. But, conceding the latter view to be the law, it does not necessarily follow that the deed from the plaintiff to
As the contract between the plaintiff and Azdell was