Union Cent. Life Ins. Co. v. Tillery

CourtMissouri Supreme Court
Writing for the CourtBurgess
Citation54 S.W. 220,152 Mo. 421
Decision Date28 November 1899
PartiesUNION CENT. LIFE INS. CO. v. TILLERY.
54 S.W. 220
152 Mo. 421
UNION CENT. LIFE INS. CO.
v.
TILLERY.
Supreme Court of Missouri, Division No. 2.
November 28, 1899.

FIXTURES OF TENANT—REMOVAL—FORECLOSURE SALE—RIGHTS OF PURCHASER.

Defendant, while a tenant, having erected buildings on the land under agreement with the landlord that he might remove them on termination of the lease, on conveyance of the premises on foreclosure sale to plaintiff without notice of such agreement the buildings pass as part of the land, and defendant cannot remove them.

Appeal from circuit court, Moniteau county; D. W. Shackleford, Judge.

Injunction by the Union Central Life Insurance Company against James Tillery. From an order dissolving a temporary injunction and dismissing the petition, plaintiff appeals. Reversed.

This is an action for injunctive relief, the object being to restrain the removal by defendant of a dwelling house, stable, shed, and corncrib from a certain tract of land in Moniteau county, of which plaintiff was the owner. A temporary injunction was granted by the judge of the circuit court of that county, but which was, after answer filed by defendant, in which he alleged that he had the right to remove the buildings under his contract with Burke, under whom he held possession, was dissolved, and the petition dismissed. Plaintiff appeals.

Moore & Williams, for appellant. Wood & Wood, for respondent.

BURGESS, J.


Plaintiff acquired title to the land upon which the buildings were situated under the foreclosure sale of a deed of trust executed on the 15th day of September, 1892, by one Edmund Burke and wife, upon that and other lands, and by a quitclaim deed from said Burke to it, executed on the 15th day of January, 1896, the same day upon which the sheriff who sold the land to plaintiff under the foreclosure sale executed to plaintiff a deed for the land under that sale. The quitclaim deed from Burke to plaintiff contains the following: "And the said Edmund Burke hereby promises and agrees to deliver full and absolute possession of all the above-described real estate on the first day of March, 1896, to the party of the second part." On December 8, 1894, defendant was

54 S.W. 221

a tenant of Edmund Burke, and in the occupancy of the land upon which the buildings in question were erected, and on that day entered into a written contract with him, by the terms of which he was to erect the buildings in question thereon, and to have the privilege of removing the same from the land...

To continue reading

Request your trial
10 practice notes
  • Kansas City v. Halvorson, No. 38611.
    • United States
    • United States State Supreme Court of Missouri
    • December 6, 1943
    ...132 S.W. 1143; State ex rel. v. Sevier, 92 S.W. (2d) 102; Massey-Harris Har. Co. v. Fed. Res. Bk., 48 S.W. (2d) 158; Norris v. Letchworth, 152 Mo. 421; Remmers v. Remmers, 217 Mo. 541, 117 S.W. 1117; Cleveland v. Laclede Prod. Co., 129 S.W. (2d) 12; Riggs v. City, 126 S.W. (2d) 1144; 21 C.J......
  • Burbridge v. Therrell
    • United States
    • United States State Supreme Court of Florida
    • May 1, 1933
    ...v. Stevens Tool Co., 130 Mass. 547; Pabst v. Ferch, 126 Minn. 58, 147 N.W. 714, L. R. A. 1915E, 822; Union Cent. Life Ins. Co. v. Tillery, 152 Mo. 421, 54 S.W. 220, 75 Am. St. Rep. 480; Schmuck v. Beck, 72 Mont. 606, 234 P. 477; James Leo Co. v. Jersey City Bill Posting Co., 78 N. J. Law, 1......
  • Kelvinator St. Louis, Inc., v. Schader, No. 21608.
    • United States
    • Court of Appeal of Missouri (US)
    • June 2, 1931
    ...App. 315; Thomas v. Davis, 76 Mo. 72; Security Stove & Mfg. Co. v. Stevens, 9 S.W. (2d) 808; Union Central Life Insurance Co. v. Tillery, 152 Mo. 421, 54 S.W. 220. (4) Appellant is not chargeable with actual or constructive notice of any agreement contained in the chattel mortgage. (a) Ther......
  • Endler v. State Bank & Trust Co. of Wellston, No. 38772.
    • United States
    • United States State Supreme Court of Missouri
    • May 2, 1944
    ...That this is not the Missouri law see, among others, Goodman v. Hannibal & St. J. Rd. Co., 45 Mo. 33; Union Cent. L. Ins. Co. v. Tillery, 152 Mo. 421, 425, 54 S.W. 220, 221; Denvir v. Crowe, 321 Mo. 212, 220, 9 S.W. 2d 957, 959[3]; Kolb v. Golden Rule Baking Co., 222 Mo. App. 1068, 1075, 9 ......
  • Request a trial to view additional results
10 cases
  • Kansas City v. Halvorson, No. 38611.
    • United States
    • United States State Supreme Court of Missouri
    • December 6, 1943
    ...132 S.W. 1143; State ex rel. v. Sevier, 92 S.W. (2d) 102; Massey-Harris Har. Co. v. Fed. Res. Bk., 48 S.W. (2d) 158; Norris v. Letchworth, 152 Mo. 421; Remmers v. Remmers, 217 Mo. 541, 117 S.W. 1117; Cleveland v. Laclede Prod. Co., 129 S.W. (2d) 12; Riggs v. City, 126 S.W. (2d) 1144; 21 C.J......
  • Burbridge v. Therrell
    • United States
    • United States State Supreme Court of Florida
    • May 1, 1933
    ...v. Stevens Tool Co., 130 Mass. 547; Pabst v. Ferch, 126 Minn. 58, 147 N.W. 714, L. R. A. 1915E, 822; Union Cent. Life Ins. Co. v. Tillery, 152 Mo. 421, 54 S.W. 220, 75 Am. St. Rep. 480; Schmuck v. Beck, 72 Mont. 606, 234 P. 477; James Leo Co. v. Jersey City Bill Posting Co., 78 N. J. Law, 1......
  • Kelvinator St. Louis, Inc., v. Schader, No. 21608.
    • United States
    • Court of Appeal of Missouri (US)
    • June 2, 1931
    ...App. 315; Thomas v. Davis, 76 Mo. 72; Security Stove & Mfg. Co. v. Stevens, 9 S.W. (2d) 808; Union Central Life Insurance Co. v. Tillery, 152 Mo. 421, 54 S.W. 220. (4) Appellant is not chargeable with actual or constructive notice of any agreement contained in the chattel mortgage. (a) Ther......
  • Endler v. State Bank & Trust Co. of Wellston, No. 38772.
    • United States
    • United States State Supreme Court of Missouri
    • May 2, 1944
    ...That this is not the Missouri law see, among others, Goodman v. Hannibal & St. J. Rd. Co., 45 Mo. 33; Union Cent. L. Ins. Co. v. Tillery, 152 Mo. 421, 425, 54 S.W. 220, 221; Denvir v. Crowe, 321 Mo. 212, 220, 9 S.W. 2d 957, 959[3]; Kolb v. Golden Rule Baking Co., 222 Mo. App. 1068, 1075, 9 ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT