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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kilbourne v. Forester, 464 S.W.2d 770 (1970)

Citation
Kilbourne v. Forester, 464 S.W.2d 770 (1970)
Parent Document
Kilbourne v. Forester, 464 S.W.2d 770 (1970)
Jurisdiction
Missouri (state)
Effective Date
1970-12-07

Other Sections in This Document (50)

Full Text

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From this knowledge, appellant would have us find that a tenancy resulted from the laches of the landlord. But as the landlord-tenant relationship arises only from consent, the mere occupancy of land — even, in these singular circumstances, an occupancy prolonged for months — with the knowledge but without the consent of the owner, does not create a tenancy. Center Creek Mining Co. v. Frankenstein, 179 Mo. 564, 78 S.W. 785, 786; Young v. Ingle, 14 Mo. 426, 427. At that, respondents’ knowledge was anything but acquiescent. During the entire holding-over period, by monthly letter, they expressly repudiated appellant’s claim of right of continued possession and refused all tenders of rent as well. Respondents’ counterclaim for possession, pending during that entire period, was the most explicit expression possible that respondents were turning them out as wrongdoers, not acknowledging them as tenants. *775