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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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can Law of Property, Sec. 3.32, pp. 235-237. Such statutes are grounded on “the mistaken idea * * * that ‘sufferance’ means ‘permission’ and that, accordingly, a tenant at sufferance can be terminated only by a notice of a certain number of days”. Tiffany, Real Property, 3rd Ed., Vol. 1, p. 280; Tiffany, Landlord and Tenant, Vol. 2, Sec. 196 d, p. 1434. Actually, however, a “tenant at sufferance” is no tenant at all, since he holds over without that very consent of the landlord which is essential to the landlord-tenant relationship. At common law a tenancy at sufferance was only a device to prevent the creation and running of adverse possession by the tenant holding over. In modern law it describes “a class of