Stoops v. Devlin
| Decision Date | 31 March 1852 |
| Parties | STOOPS, Plaintiff in Error, v. DEVLIN, Defendant in Error. |
| Court | Missouri Supreme Court |
1. When a person rents a tenement for one year, and after its expiration remains in possession, the presumption is that he has rented it for another year, and not that he is a trespasser.
2. In such case a tenant holding under him will not be permitted to dispute his title.
Error to St. Louis Circuit Court.
This was an action originally instituted before Justice Spalding, for use and occupation of certain premises by George Stoops, rented to Charles Devlin, from the 6th November, 1844, to the 6th of September, 1846, twenty-two months, at $4 per month, making $88. There are other items in the account, but these were abandoned by the plaintiff, and the sole question tried was whether rent was due.
The suit was instituted on the 14th of September, 1847, before Justice Spalding, and judgment being in favor of the plaintiff, the defendant appealed to the St. Louis Circuit Court, and judgment being again rendered against him, he moved for a new trial, and the court sustaining the motion, a new trial was granted, and on this second trial in the Circuit Court judgment was rendered in favor of defendant.
The record shows several motions to have been made by both parties, but these are all waived, and the errors assigned are for the proceedings on the last trial, and the refusal of the court to sustain the motion of the plaintiff for a new trial. The evidence in the case shows, that Stoops rented to Devlin the premises at the northwest corner of Third and Almond streets, in St. Louis, at $4 per month, and that this was a reasonable charge for rent. That Devlin occupied the premises during the period for which rent was claimed, viz: from November, 1844, to September, 1846; that Stoops, himself, was a tenant of Basse and Youce, under a letting from one Joseph Wherry, the agent of Basse and Youce.
The defendant insists that the property belonged to the heirs of Basse and Youce, of whom, first, J. Wherry, and after his death, Wm. M. Campbell, was the agent. That the property was leased by Wherry to George Stoops in 1842, for a year, as he never would rent it for a longer time, and that Stoops had continued in possession ever since, and that the rent was worth $9 or $10 per month, hence $4 per month for a joint occupation was not too much. Devlin and Stoops occupied the premises conjointly. That at the November term, 1848, two years subsequent to the last day for which rent was sued for, a suit of partition was commenced among the heirs of Basse and Youce, and on the 19th (10th) of June, 1848, the property was sold by the sheriff, and Messrs. Campbell and Wells became the purchasers. Mr. Wells, one of the witnesses, says, that after the purchase Stoops would not attorn to them, but did not know if he had rented of the heirs of Basse and Youce; did not know whether he had paid any ground rent, but was confidently of the opinion that he had not. The defendant then read in evidence the record of the suit of partition.
Plaintiff objected to all the testimony given respecting title, but his objection in every instance being overruled, he then offered in evidence an agreement, the signature to which he had proven by Mr. Wells.
The court gave instructions, throwing the whole onus probandi of the right of possession upon the plaintiff. A verdict was rendered for the defendant, and plaintiff moved for a new trial, for reasons set forth in the motion, and the court overruling the same, plaintiff excepted and brought the case to this court by writ of error.
A. P. & P. B. Garesché, for plaintiff in error.
The defendant having entered into possession under plaintiff, is estopped from denying the plaintiff's title.
If a tenant rent for one year, and continue in possession afterwards, his tenancy is from...
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