Withnell v. Petzold
| Decision Date | 11 May 1891 |
| Parties | WITHNELL v. PETZOLD. |
| Court | Missouri Supreme Court |
Appeal from St. Louis circuit court; L. B. VALLIANT, Judge.
Action brought October, 1884, before a justice of the peace, for unlawful detainer of a piece of property situated in the city of St. Louis, known as "Concordia Park, consisting of about nine acres of land, covering two city blocks. The plaintiff had judgment before the justice, but defendant appealed to the circuit court, where the cause was tried three times. At the first trial the court instructed the jury to find for the plaintiff, which was done, and on an appeal to the court of appeals the judgment was reversed, and the cause remanded. Thereafter the circuit court tried the cause twice, on the theory laid down by the court of appeals, (17 Mo. App. 669,) and from this third trial, begun on January 18, 1888, which resulted in a verdict for the defendant, the plaintiff appealed to this court. The property originally was that of John Withnell, the ancestor of plaintiff, the property having been devised to plaintiff as remainder-man, and to his mother as tenant for life. The property was originally held by lease for three years and nine months, executed in 1875, and expiring in 1879. The property was never used nor leased for farming purposes, nor, indeed, in any respect for purposes of cultivation. Among the provisions of the lease showing this feature in a conspicuous manner is the following: "That at the expiration of the lease all the buildings and improvements that now are or hereafter may be erected on said premises, together with the contents of the same, including park benches, stands, lamps, gas fixtures, and all fixtures that may be used for carrying on a public park, shall revert to and become the property of John Withnell, excepting only the stock in trade of the saloon on the premises, and the furniture contained therein, and the household furniture contained in the dwelling on the said premises, and the shed and machinery known as the `Flying Dutchman.'" The improvements consisted of four separate buildings, — a one-story brick building on the north-east corner, used as a saloon or bar-room; adjoining it on the north a room used for a bowling-alley; north of that, but...
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Hammond v. Iliad Amusement Co.
...harvest the varied farm crops. Not so with city property, where the purpose of the tenancy is of a different nature. In Withnell v. Petzold, 104 Mo. 409, 16 S. W. 205, where property was let for an amusement park, the court, in construing the statute, "The statute is express that `all contr......
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Kroeger v. Bohrer
...within the limits of a city, town, or village, and with a dwelling house upon them, are included in the section. In Withnell v. Petzold, 104 Mo. 409, 16 S. W. 205, it was ruled that section 4110 applies to premises used as a park, with buildings and fixtures thereon, situated in a city and ......
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Kroeger v. Bohrer
...though within the limits of a city, town or village and with a dwelling house upon them, are included in the section. In Withnell v. Petzold, 104 Mo. 409, 16 S.W. 205, it ruled that section 4110 applies to premises used as a park, with buildings and fixtures thereon, situated in a city and ......