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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kohner Props., Inc. v. Johnson, 553 S.W.3d 280 (2018)

Citation
Kohner Props., Inc. v. Johnson, 553 S.W.3d 280 (2018)
Parent Document
Kohner Props., Inc. v. Johnson, 553 S.W.3d 280 (2018)
Jurisdiction
Missouri (state)
Effective Date
2018-07-03

Other Sections in This Document (45)

Full Text

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*283The court of appeals' discussion of the in custodia legis procedure in King was unnecessary to resolve the case. Because the tenant in King had already vacated the premises, the in custodia legis procedure, which applies when a tenant retains possession of the property, did not pertain to the tenant in King . Therefore, the discussion in King , imposing the in custodia legis procedure in all rent and possession actions when the tenant retains possession of the premises and alleges the landlord breached the implied warranty of habitability, was not necessary to resolve King and could be accurately characterized as dicta.