Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Davidson v. Kenney, 971 S.W.2d 896 (1998)

Citation
Davidson v. Kenney, 971 S.W.2d 896 (1998)
Parent Document
Davidson v. Kenney, 971 S.W.2d 896 (1998)
Jurisdiction
Missouri (state)
Effective Date
1998-07-21

Full Text

741 chars
The action which the Davidsons brought against Mr. Kenney was styled as a Complaint for Unlawful Detainer. Unlawful de-tainer is defined as “[w]hen any person shall willfully and without force hold over any lands, tenements or other possessions, after the termination of the time for which they were demised or let to him, or the person under whom he claims-” § 534.030, RSMo 1994. “[Tjhere can be no unlawful detention by the tenant until his estate is terminated....” Fisher v. Payton, 219 S.W.2d 293, 296 (Mo.App.1949). See also Kaimann v. Kaimann Bros., 182 S.W.2d 458, 460 (Mo.App.1944) (“[Tjhere could have been no unlawful detainer on defendant’s part until after the giving of notice and the expiration of the time provided in it.”).