Legal Opinion

Dunn v. McCoy

Supreme Court of Missouri

Decided June 14, 1899PublishedCited by 14 opinions

Appeal from Harrison Circuit Court. — Hon. P. C. Stepp, Judge. (1) The right to contract is a vested right, and where the parties are competent, and the contract and subject-matter legal at the time the contract is made, it is beyond the power of tbe State to annul it, or deprive tbe parties to it of its fruits.

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Appeal from Harrison Circuit Court. — Hon. P. C. Stepp, Judge. (1) The right to contract is a vested right, and where the parties are competent, and the contract and subject-matter legal at the time the contract is made, it is beyond the power of tbe State to annul it, or deprive tbe parties to it of its fruits. State v. Loomis, 115 Mo. 807; State v. Julow, 129 Mo. 163; State ex rel. v. Laclede Gaslight Co., 102 Mo. 472; Arnold v. Willis, 128 Mo. 145; Scotland Oo. v. Eailroad, 65 Mo. 123; Cooley on Const. Lim., sec. 362; Towle v. Eailroad, 47 Am. Dec. 153; Strong v. Clem, 74 Am. Dec. 200;…

1Opinion of the CourtMaeshall, J.

This is an action in ejectment to recover thirteen hundred and twenty acres of land in Harrison county.

The petition is in the usual form.

The answer, after admitting that the defendant was in possession of the land, denied the other allegations of the petition, and, by way of cross-bill, alleged that the plaintiff claimed title through a trustee’s sale, under a deed of trust executed by defendant and his wife to Joseph P. Slatten, and prayed that the sale be set aside, and defendant be permitted to redeem the land, for the reasons stated • in the answer and cross-bill.

The answer further…

2Cases cited21 opinions

  1. Collier v. WhippleCourt for the Trial of Impeachments and Correction of Errors · 1834
  2. Stoffel v. SchroederSupreme Court of Missouri · 1876
  3. Cass County v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1905
  4. Goode v. ComfortSupreme Court of Missouri · 1866
  5. Hardwicke v. HamiltonSupreme Court of Missouri · 1894

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3Cited by14 opinions

  1. Travelers Insurance v. MarshallTexas Supreme Court · 1934
  2. Mathews v. SniggsSupreme Court of Oklahoma · 1919
  3. Humboldt Sav. Bank v. McClevertyCalifornia Supreme Court · 1911
  4. Lincoln Trust Co. v. NathanSupreme Court of Missouri · 1903
  5. Burnett v. JohnsonSupreme Court of Missouri · 1961

9 more not listed; retrieve them via the Exa API.

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