Legal Opinion

Barret v. Browning

Supreme Court of Missouri

Decided July 15, 1844PublishedCited by 1 opinion

'APPEAL from St. Louis Circuit Court. 1. Barret’s 4th, 5th and 6th pleas were good. 2. Barret’s 2d and 3d pleas were good. 3. The demurrer to the replications thereto Were good; but whether these pleas Were good or not, 4. Barret’s amended plea (7) was certainly good, whether sworn to of not, rind should not have been stricken out.

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'APPEAL from St. Louis Circuit Court. 1. Barret’s 4th, 5th and 6th pleas were good. 2. Barret’s 2d and 3d pleas were good. 3. The demurrer to the replications thereto Were good; but whether these pleas Were good or not, 4. Barret’s amended plea (7) was certainly good, whether sworn to of not, rind should not have been stricken out. The law is, that when a vendor is to execute a conveyaiibe, the vendee should ‘demand a deed, arid after allowing a reasonable time to prepare a deed; must present himself to receive it. — 3 Wendell, 249 ; 7 Ibid., 129; 9 Ibid., 68. The case of Rector v.s. Purdy, 1…

1Opinion of the CourtTompkins, J.

This is an action of covenant, brought in the Circuit Court of St. Louis county, by John R. Browning against Richard F. Barret, Judgment was there given against Barret, and to reverse it, he appealed to this Court.

The declaration states, that the said Barret did, for the consideration of three hundred dollars to him paid by the plaintiff, covenant and agree, to and with ‘the said plaintiff, to convey to the said plaintiff, by a good and sufficient warranty deed, a certain lot of ground described in said writing obligatory, as lot No. 4, in block No. 67, in the town of Warsaw, in the county of…

2Cases cited3 opinions

  1. Hackett v. HusonNew York Supreme Court · 1829
  2. Pye v. RutterSupreme Court of Missouri · 1842
  3. Sook v. KnowlesCourt of Appeals of Kentucky · 1808

3Cited by1 opinion

  1. Lanyon v. ChesneySupreme Court of Missouri · 1905

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