Barlow v. Elliott
Missouri Court of Appeals
Appeal from the Ralls Circuit Court. — Hon. R. E. Roy,, Judge. ' (1) While it is conceded that a legal cause of action may by the answer be made an equitable case, such equitable defense must be pleaded fully and specifically and the relief must be prayed for as in a bill in equity, the defense being in the nature ,of a cross bill. Bliss on Code Pleading, sec. 347; Ellis v. Bail-road, 51 Mo. 200; Wolfv. Schaeffer, 74 Mo. 154; s. o., 4 Mo.
Read the full summary
Appeal from the Ralls Circuit Court. — Hon. R. E. Roy,, Judge. ' (1) While it is conceded that a legal cause of action may by the answer be made an equitable case, such equitable defense must be pleaded fully and specifically and the relief must be prayed for as in a bill in equity, the defense being in the nature ,of a cross bill. Bliss on Code Pleading, sec. 347; Ellis v. Bail-road, 51 Mo. 200; Wolfv. Schaeffer, 74 Mo. 154; s. o., 4 Mo. App. 372; Carter v. Prior, 78 Mo. 222. The answer was first a general denial, and then set up an alleged mistake. This, to constitute any defense, should…
1Opinion of the CourtBiggs, J.
— On the sixth day of March, 1889, the defendant conveyed to the plaintiff certain land in Ralls county. The deed contained the usual covenants of title, and also a covenant against incumbrances,, except as to a deed of trust given by the defendant’s immediate grantors to the Lombard Investment Company. Concerning that incumbrance the deed contained the following clause: “This deed is made subject to an incumbrance held by the Lombard Investment Company, of Kansas City, Missouri, said incumbrance being a part of the consideration in this deed, the principal note being $2,000.”^
*376The deed of…
2Cases cited5 opinions
- Leitensdorfer v. DelphySupreme Court of Missouri · 1851
- Owen v. OwenMissouri Court of Appeals · 1892
- Taylor v. CayceSupreme Court of Missouri · 1888
- Rawlins v. RawlinsSupreme Court of Missouri · 1890
- Bassett v. GloverMissouri Court of Appeals · 1888
3Cited by4 opinions
- Aetna Life Insurance v. American Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1913
- Short v. ThomasMissouri Court of Appeals · 1914
- McNeill v. Wabash Railway Co.Missouri Court of Appeals · 1921
- Greditzer v. Continental InsuranceMissouri Court of Appeals · 1902