Grumley v. Webb, 48 Mo. 562 (1871)

Citation: Grumley v. Webb, 48 Mo. 562 (1871)
Parent Document: Grumley v. Webb, 48 Mo. 562 (1871)
Jurisdiction: Missouri (state)
Effective Date: 1871-10-15
Original Source: https://www.courtlistener.com/opinion/8046745/grumley-v-webb/ ↗

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Again, if we admit'for tbe sake of tbe argument - that the .$7,000 suit was compromised, it in nowise bars Grumley from recovering in this suit. That suit and tbe present one are totally different as respects tbe subject-matter. That, was purely for personalty, this is for realty. Tbe $7,000 suit set up a right in Grumley to remove the buildings before January 1, 1864, and alleged that Webb refused to allow their removal after January 1, 1864, thereby damaging him $7,000; and a demurrer bad-been sustained to tbe petition. The action was founded on the supposition that tbe buildings were mere personal property, and Webb’s refusal to allow them to be removed amounted to a conversion. Nothing was said about the interest in tbe leasehold, nor was it thought of at the time. The sale of some old buildings was never intended to carry with it a valuable interest in lands. Tbe buildings are not co-extensive with tbe lease, but are simply incident to it, and tbe sale or conversion of tbe buildings would not convey tbe interest in the lease. This suit is now for the equitable interest in tbe lease, and it bas no identity with tbe $7,000 suit, which it is alleged was settled, but which I wholly deny.

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