Huffman v. Ackley
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. Plaintiff sued for $140, which he alleged was the amount of his undivided interest in a tract of 140 acres, which he bad sold to defendant. Defendant denied the purchase and sale. At the trial it appeared that George Huffman, Sr., died seized of the land, leaving eleven heirs, among whom were plaintiff, defendant’s wife, George Huffman, Isaac Huffman, and others.
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Appeal from St. Charles Circuit Court. Plaintiff sued for $140, which he alleged was the amount of his undivided interest in a tract of 140 acres, which he bad sold to defendant. Defendant denied the purchase and sale. At the trial it appeared that George Huffman, Sr., died seized of the land, leaving eleven heirs, among whom were plaintiff, defendant’s wife, George Huffman, Isaac Huffman, and others. At a partition sale by the sheriff, George Huffman bought the 140 acres at $16 per acre, paid the money and took a deed, and subsequently sold a divided half, 70 acres, to the defendant, at $20…
1Opinion of the CourtBates, Judge
The instruction given for the plaintiff was erroneous, in that it did not require as a condition of the plaintiff’s recovery, that the plaintiff’s alleged interest in the tract of land should have been conveyed to the defendant. The pe*280tition stated that the plaintiff’s interest (which was stated to be an undivided fourth of the whole) was conveyed to the defendant by George Huffman. This conveyance was the alleged consideration of the debt of the defendant to the plaintiff, and its proof was a necessary precedent to a recovery by the plaintiff, yet the instruction authorizes a recovery, if he…
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