Eagan v. Martin
Missouri Court of Appeals
Appeal from tlie Chariton Circuit Court. — Son. W. 8, Stochwell, Special Judge. (1) The tender of one dollar by defendants to the plaintiff after the action was instituted, and the deposit of the amount of the tender with the clerk of the court, is a conclusive admission by the defendants that plaintiff’s petition stated a good eause of action and that they were liable to him in damages, and such being the case the lower court manifestly erred in giving judgment absolutely…
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Appeal from tlie Chariton Circuit Court. — Son. W. 8, Stochwell, Special Judge. (1) The tender of one dollar by defendants to the plaintiff after the action was instituted, and the deposit of the amount of the tender with the clerk of the court, is a conclusive admission by the defendants that plaintiff’s petition stated a good eause of action and that they were liable to him in damages, and such being the case the lower court manifestly erred in giving judgment absolutely for the defendants. 2 Greenl. on Evid., sec. 600; Johnson v. Garlichs, 63 Mo. App. 578, 581; Williamson v. Baley, 78 Mo.…
1Opinion of the CourtEllison, J.
This action is for a breach of covenants of warranty contained in a deed made by defendants to the plaintiff. The judgment in the circuit court was for defendants.
The case was in this court prior to this and will be found reported in 71 Mo. App. 60, where a statement of the facts may be found. On a re-trial defendants, in order to show that they conveyed a good title to plaintiff, offered evidence fending to show that they had had open, notorious and continuous adverse possession of the whole property for a period of more than ten years, and that therefore they conveyed a good *679title to the…
2Cases cited8 opinions
- Nelson v. WallaceMissouri Court of Appeals · 1892
- Bealey v. Blake's AdministratorMissouri Court of Appeals · 1897
- Voss v. McGuireMissouri Court of Appeals · 1887
- Williamson v. BaleySupreme Court of Missouri · 1883
- Mahan v. WatersSupreme Court of Missouri · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Mount Vernon Car Manufacturing Co. v. Hirsch Rolling Mill Co.Supreme Court of Missouri · 1920
- Everhart v. BrysonSupreme Court of Missouri · 1912
- Johnson v. Fire Assn. of Phila.Missouri Court of Appeals · 1949
- John Deere Plow Co. v. CooperMissouri Court of Appeals · 1936
- Johnson v. Fire Ass'n of PhiladelphiaMissouri Court of Appeals · 1949
1 more not listed; retrieve them via the Exa API.