Stewart v. Hadley
Supreme Court of Missouri
Jlppeal from Johnson Court of Common Pleas. I. It is well settled in this State, that in a suit on a note, given for the'purchase money of a tract of land, a plea alleging the want of title in the plaintiff is a good defense to the note to the extent of the value of the land so conveyed without title. (Wagn.
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Jlppeal from Johnson Court of Common Pleas. I. It is well settled in this State, that in a suit on a note, given for the'purchase money of a tract of land, a plea alleging the want of title in the plaintiff is a good defense to the note to the extent of the value of the land so conveyed without title. (Wagn. Stat., 1061, §24; Barr vs. Baker, 9 Mo., 850; Copeland vs. Loan, 10 Mo., 266; Smith vs. Busby, 15 Mo., 387; Doan vs. Moss, 20 Mo., 297; Ash vs. Holder, 36 Mo., 163; Wellman vs. Dismukes, 42 Mo., 101; Beaupland vs.' McKean, 28 Penn. St., 124; Ferguson vs. Huston, 6 Mo., 407; Watt vs.…
1Opinion of the Court
Voríes, Judge,
delivered the opinion of the court.
This action was brought to recover a balance on a promissory note, aud to foreclose a mortgage executed to secure the payment of the amount due thereby. Jane Stewart (the plaintiff) in the month of January, 1866, sold and conveyed *237to the defendant, James Hadley, a quarter section of land in Johnson county, supposed to contain 160 acres, for the sum or .price of twenty dollars per acre or the aggregate sum of $3,200, fifty dollars of which was paid and the note sued on executed for the balance; the said Hadley and his wife at the same time…
2Cited by2 opinions
- Hitchcock v. BaughanMissouri Court of Appeals · 1891
- McGinley v. MartinCourt of Appeals for the Eighth Circuit · 1921