Allensworth v. Roush

• Decision Date: 12 July 1918
• Docket Number: No. 14918.,14918.
• Citation: 205 S.W. 86
• Parties: ALLENSWORTH et al. v. ROUSH et al.
• Court: Missouri Court of Appeals

205 S.W. 86

ALLENSWORTH et al. v. ROUSH et al.

No. 14918.

St. Louis Court of Appeals. Missouri.

July 12, 1918.

Appeal from Circuit Court, Knox County; James A. Cooley, Judge.

"Not to be officially published.

Suit by Art. W. Allensworth and others against John Roush and another. From a

judgment for plaintiffs, defendants appeal. Affirmed.

F. H. McCullough, of Edina, for appellants. O. M. Smith and J. C. Dorian, both of Edina, for respondents.

BECKER, J.

This is a suit for the use and occupation of a farm in Knox county, Mo. From a judgment in favor of the plaintiffs and against the defendant in the sum of $200, the defendant brings this appeal.

According to the testimony one William Allensworth died March 2, 1913. At the time of his demise he was the owner of a farm on which the defendant was living under a contract to pay $120 per year rent. Art. Allensworth and George Allensworth, plaintiffs herein, together with the defendant Addle Allensworth Roush and one Elera Allensworth, by the terms of the will of said deceased, became the owners of the land in question as tenants in common. The plaintiff Art. W. Allensworth became the administrator of the estate of his father, William Allensworth. It further appears that the defendant John Roush paid the said administrator $100 as one year's rent for said farm, $20 having been deducted on account of labor done on said place.

According to plaintiffs' testimony, the defendant John Roush is the husband of Addle Roush (she being the owner of an undivided one-fourth interest in said farm) and some time after the death of said William Aliensworth the said John Roush agreed to continue as a tenant of the farm and pay rent therefor. Art. W. Allensworth, plaintiff, testified that in 1914, he wanted to move on the place, but that defendant John Roush refused to permit him to do so. According to defendant's testimony the $100 that he paid to the administrator was paid as an amount due the estate from rent that had accrued up to the time of the decease of said William Allensworth. The defendant testified that he had no conversation with reference to becoming a tenant of the heirs of William Allensworth, that he merely stayed on the farm after his demise inasmuch as his wife was entitled to an undivided one-fourth interest in the farm, and that at no time had he refused to let the heirs, or any one of them, move onto the farm.

There was testimony as to the reasonable rental value of the farm, which testimony was to the effect that the rental value was from $2 to $4 per acre per year. There was testimony introduced showing that at a time prior to the institution of the present suit a suit in partition had been filed resulting in the sale of the farm, at which sale the plaintiffs purchased the same; that the court appointed a trustee to collect the rents and profits accruing from the farm, but in point of fact nothing was collected, and there had consequently been Rio accounting for the rents and profits. It further appears that in the partition suit the trustee had filed a motion asking a...