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)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
- Kilbourne v. Forester, 464 S.W.2d 770 (1970)
Full Text
1,244 charsFor whatever reason — perhaps as an avail of the more expeditious magistrate court procedure to accomplish what their counterclaim then pending two years had not — on August 18, 1969, respondents filed their complaint in unlawful detainer to recover possession from appellant. Before doing so, however, they served appellant with the “Notice to Quit” to which we have referred. Whatever may have been its intended use, such a ten day notice is a statutory condition precedent to bringing an action for possession under Sec. 441.-040, V.A.M.S., which by its terms presupposes a subsisting landlord-tenant relationship, while no notice or demand is necessary to maintain an unlawful detainer against a tenant holding over after the end of a fixed term. Anderson v. McClure, 57 Mo.App. 93, 96; Ray v. Blackman, supra. Appellant argues that the notice, therefore, served to “admit * * * a tenancy relationship between the parties as of and prior to July 30, 1969”, the date it was served. It was indeed incongruous for one to have been given at all. As arbiters of the facts upon this stipulated record, however, we decline to view the misapplied procedure as an admission of a complex legal relationship, itself decisive of the question presented.