Union Cent. Life Ins. Co. v. Tillery

Decision Date28 November 1899
Citation54 S.W. 220,152 Mo. 421
PartiesUNION CENT. LIFE INS. CO. v. TILLERY.
CourtMissouri Supreme Court

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 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 under the terms and conditions of the contract. The contract provides as follows: "If at any time said Burke should desire that I discontinue to occupy said four acres, I am to receive three hundred and sixty days' notice in order to require me to surrender the possession thereof. But, being aware of the fact that said land has been conveyed by deed of trust to J. R. Clark, for the benefit of the Union Central Life Insurance Company of Cincinnati, Ohio, it is distinctly understood that if at any time said Burke should be required, by any...

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16 cases
  • Kansas City v. Halvorson, 38611.
    • United States
    • United States State Supreme Court of Missouri
    • December 6, 1943
    ......Hansell, 294 Mo. 195, 243 S.W. 131; Mackson v. Ins. Co., 115 S.W. (2d) 217; Pearce v. Rogers, 15 S.W. (2d) ...12, 14[5, 6]; Ann. Cas. 1916D, 740; Wisconsin Cent. Rd. Co. v. United States, 164 U.S. 190, 210, 41 L. Ed. ......
  • Kelvinator St. Louis v. Schader
    • United States
    • Court of Appeal of Missouri (US)
    • June 2, 1931
    ......Co. v. Stevens, 9 S.W.2d 808; Union Central Life Insurance. Co. v. Tillery, 152 Mo. 421, 54 ... of six per cent., from date of mortgage to due date and a. larger rate ......
  • Kansas City v. Halvorson
    • United States
    • United States State Supreme Court of Missouri
    • December 6, 1943
    ......Hansell, 294 Mo. 195, 243 S.W. 131;. Mackson v. Ins. Co., 115 S.W.2d 217; Pearce v. Rogers, 15 S.W.2d 874; ...12, 14[5, 6]; Ann. Cas. 1916D, 740; Wisconsin Cent. Rd. Co. v. United. States, 164 U.S. 190, 210, 41 L.Ed. ......
  • Kelvinator St. Louis, Inc., v. Schader
    • United States
    • Court of Appeal of Missouri (US)
    • June 2, 1931
    ...Carroll, 72 Mo. 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 mo......
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