Vaughn v. Locke

• Decision Date: 31 July 1858
• Citation: 27 Mo. 290
• Parties: VAUGHN, Respondent, v. LOCKE, Appellant.
• Court: Missouri Supreme Court

27 Mo. 290

VAUGHN, Respondent,

v.LOCKE, Appellant.

Supreme Court of Missouri.

July Term, 1858.

1. Where a landlord seeks, under the act concerning landlords and tenants (R. C. 1855, pp. 1016-17), to recover possession of the demised premises, the statement filed by him before the justice of the peace must set forth the amount of rent actually due to such landlord, and that the same has been demanded from the tenant.

2. Where one purchasing the demised premises of the landlord seeks to recover possession of them under the 38th section of said act, his statement of the amount of rent due and demanded should embrace only that which is due to himself, and not that which is due to his vendor.

Appeal from Buchanan Court of Common Pleas.

This was an action under the landlord and tenant act to recover possession of certain lots in the city of St. Joseph. The statement filed with the justice of the peace is substantially as follows: That on the 7th of August, 1856, one G. W. Goode, being then the owner of certain lots and buildings in the city of St. Joseph, rented the same to defendant for one year, at the yearly rent of ninety dollars; that on the 20th of April, 1857, Goode conveyed said premises to plaintiff, of which fact defendant had due notice; that defendant accepted plaintiff as his landlord and promised to pay plaintiff the rent for said premises; that defendant is still in the occupation and possession of said premises, and has so occupied the same after the expiration of said year, without any new contract, thus becoming, by operation of law, a tenant of plaintiff for one year from August 7, 1857, upon the same terms and conditions as the preceding year; that there is now due from defendant, as rent for said premises, the sum of $112.50; that the same has been demanded of defendant, but to pay said amount, or any part thereof, defendant has wholly failed and refused. Plaintiff, therefore, prays that he recover possession of said lots, etc., in accordance with the statutes in such case made and provided.

This statement was filed with the justice of the peace January 16, 1858. The following account accompanied the statement or complaint: “P. B. Locke to Alfred J. Vaughn, Jr., Dr. Jan. 8, 1858. For rent of lots 1, 2, 3, 4, 5 and 6, in Block 44, ‘Robidoux Addition,’ from August 7, 1856, to November 7, 1857--15 months--at $90 per annum--$112.50.”

The justice awarded restitution of the premises to the plaintiff. On appeal, the Buchanan Court of Common Pleas rendered judgment in favor of plaintiff.

Ryland, Edwards, Ewing and Locke, for appellant.

The complaint was not sufficient to warrant the finding by the court for the plaintiff. (1 How. 211; 2 Comst. 141; 7 East, 363; R. C. 1855, pp. 1016, 1018, §35; Evans v. Miller, 25 Mo. 175; Ridgley v. Stillwell, 25 Mo. 570.)

NAPTON, Judge, delivered the opinion of the court.

This proceeding was...