Leach v. Koenig

• Decision Date: 28 February 1874
• Citation: 55 Mo. 451
• Parties: WILLIAM S. LEACH, Appellant, v. GEORGE KOENIG, Respondent.
• Court: Missouri Supreme Court

55 Mo. 451

WILLIAM S. LEACH, Appellant,

v.GEORGE KOENIG, Respondent.

Supreme Court of Missouri.

February Term, 1874.

Appeal from Buchanan County Circuit Court.

Chandler & Sherman, for Appellant.

The sheriff's deed relates back to the date of sale. (Winston vs. Affalter, 49 Mo., 263.)

After the sheriff's deed to appellant, the latter exhibited his deed to respondent and demanded rent, as he had a right to do, having succeeded to Saltzman's estate. (Wagn. Stat., 883, § 38; Walker vs. Harper, 33 Mo., 592.)

The attornment of Koenig to Pinger was void. (Wagn. Stat., 880, § 15; Schultz vs. Arnot, 33 Mo., 172; Rutherford vs. Ullman, 42 Mo., 216.)

Allen H. Vories with Thomas & Ramey, for Respondent.

WAGNER, Judge, delivered the opinion of the court.

This was a proceeding originally instituted before a justice of the peace under the Landlord and Tenant Act, to recover one month's rent, claimed to be due, and also possession of the premises.

By the record it is shown, that the premises in question were originally owned by one Augustus Saltzman, and that on the 29th day of June, 1870, a judgment was rendered against him for the sum of two thousand dollars. Execution was issued on this judgment, and the property was sold on the 24th day of September, 1870, and was bid off at the sheriff's sale by one Maria Saltzman at the sum of twenty-one hundred dollars. Maria Saltzman failed to pay the amount bid by her, and on September 11th, 1871, she gave an order in writing to the sheriff, to make the deed to the plaintiff, and thereupon the plaintiff paid the amount of the purchase money and the sheriff executed to him a deed dated September 14th, 1871.

On December 24th, 1870, after the rendition of the judgment and the sale thereunder had taken place, Augustus Saltzman, Maria Saltzman and Conrad Saltzman, her husband, conveyed the premises to John Pinger, in trust for the use and benefit of Henrietta Saltzman; and on the 3rd of February, 1871, Pinger, the trustee, the said Henrietta joining with him, leased the premises to the defendant for the term of one year, with the privilege of continuing the same for the term of two years. There was also evidence tending to prove, that Augustus Saltzman rented the property to the defendant on the 3d day of January, 1871, at the annual sum of five hundred dollars, the rent to be paid monthly; that three months' rent had been paid to said Saltzman, and that the latter never consented that the rent should be paid to any other person; and that the plaintiff, after he received his deed, exhibited the same to the defendant and demanded the month's rent which was due, and that payment was refused. Upon this evidence the court instructed the jury, that the plaintiff could not recover, and in accordance with the rulings of the court, the jury returned a verdict for the defendant.

The statute provides, that any person purchasing lands and tenements, occupied by any tenant or lessee or sub-lessee at the time of such purchase who shall at any time thereafter fail to pay rent to such purchaser, upon such failure the person purchasing such property shall have the...