Leavenworth v. Crittenden
Leavenworth v. Crittenden
Opinion of the Court
delivered the opinion of the court.
In a former appeal in this cause, it was decided that appellee, as vendee of the State for land sold for taxes, was entitled to bring the action of unlawful detainer to recover the possession of the same, as the State could have done. Crittenden v. Leavenworth, ante 32.
The suit was not prematurely brought. The State could have invoked the remedy as soon as the period allowed for the redemption of the land expired, and her vendee could do the same.
And the right to the remedy carried with it all the incidents and advantages of the remedy, including that of claiming and establishing reasonable compensation for the use and occupation of the premises. Code, §§ 2653, 2657. The proposition cannot be maintained that the houses on the lots were, under the facts agreed upon, mere chattels which did not pass with the freehold. Hare & Wallace’s notes to Elwes v. Mawe, 2 Sm. L. C. 248, 250, 256, 261.
Corburn v. Crittenden, ante 125, upheld the validity of the assessment, and sale to the State, and purchase from the State, of a lot of land which was assessed, and-sold to the State, and purchased from the State, at the same time with the lots in controversy in this snit,and that opinion disposes of objections now made on those points.
It is insisted that the proceedings in the justice’s court were void, and that the appeal therefrom to the circuit court should have been dismissed, for the reasons that the writ was made returnable to the 9th day of April, 1883, while the judgment was rendered on the
But we find no serious defect in the proceedings. The date of the appeal-bond, and the recital therein as to the date of the judgment from which appeal was taken, did not affect the validity of the bond, the judgment, or the appeal. It was an irregularity which, if deemed important, might have been readily obviated in the circuit court by amendment, or a new appeal-bond if it had been required. Code, §§ 2658, 2353.
It is true that the judgment in the justice’s court was not rendered until several days after the return day of the writ, but such court has express authority to adjourn from day to day and from time to time until the trial is ended, Code, §§• 2651, 2265, and it is not shown that this was not done.
Affirmed.
Reference
- Full Case Name
- J. H. Leavenworth v. O. B. Crittenden
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- Syllabus
- 1. Unlawful Detainer. By State or its vendee. When right of action accrues. After the expiration of the period of redemption of land sold to the State for taxes and the failure of the former owner to redeem the same, the State or its vendee has the right to bring the action of unlawful detainer to obtain possession of the land. 2. Same. By State’s vendee. Compensation for use and occupation. And the right of action thus acquired by a purchaser from the State entitles him to recover reasonable compensation for the use and occupation of the premises sued for, as provided in $$ 2653 and 2657 of the Code of 1880. 3. Practice. Proceedings in justice of the peace’s court. Irregularities — when to be objected to. Where a defendant appears in a justice of the peace’s court, and then in the circuit court on appeal, and makes no objection to the proceedings in the case till after a judgment has been rendered against him in the circuit court, it is then too late for him to avail of mere irregularities in the proceedings in the justice’s court. 4. Same. On appeal from justice of the peace’s court. Irregularity in bond. Where a bond, given on appeal from a justice of the peace’s court, states the date of the judgment as subsequent to its own date, such irregularity may be cured, in the circuit court, by amendment, or, if required, by the giving of a new bond, under 2658 and 2353 of the Code of 1880. 5. Same. On appeal from justice of the peace’s court. Presumption as to regularity. Where, upon appeal, the record of a case in a justice of the peace’s court shows that the judgment was rendered several days after the return day of the summons, it is presumed, if nothing appears to the contrary, that the court met on the return-day and adjourned from day to day till the rendition of the judgment, as authorized by ?¿?¿ 2651 and 2265 of the Code of 1880.