Talbot v. Roe
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Hon. Geo. F. Longan, Judge. Panline G. Talbot acquired her title to tbe land in controversy on April 10,1861, by deed from Guilford 0.. Talbot to Cassius M. Clay, trustee, which, deed was duly recorded on January 21, 1863. The suit to enforce the vendor’s lien was filed February 16, 1863, against Guilford O. Talbot alone.
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Appeal from Pettis Circuit Court. — Hon. Geo. F. Longan, Judge. Panline G. Talbot acquired her title to tbe land in controversy on April 10,1861, by deed from Guilford 0.. Talbot to Cassius M. Clay, trustee, which, deed was duly recorded on January 21, 1863. The suit to enforce the vendor’s lien was filed February 16, 1863, against Guilford O. Talbot alone. (1) To affect the interest of Mrs. Talbot to this land she and her trustee, Cassius M. Clay, should have been made parties to the proceeding to enforce the vendor’s lien. Perry v. Roberts, 23 Mo. 221; Leeper v. Lyons, 68 Mo. 217; 2 Jones…
1Opinion of the CourtBurgess, J.
These are actions of ejectment for two different tracts of land in Pettis county, which by agreement of the parties are to- be heard together. The petitions are in the usual form. The answers admit possession, but deny the remaining allegations of the petitions. They then plead the ten and thirty-year statutes of limitations. They also aver that a vendor’s lien was expressly reserved in the deed to Guilford O. Talbot, under whom plaintiffs claim title, for the purchase money, which is yet unpaid, as a bar to the action.
The reply is a general denial. Absalom Ream was the common source of title.
2Cases cited7 opinions
- Cochran v. ThomasSupreme Court of Missouri · 1895
- Stafford v. FizerSupreme Court of Missouri · 1884
- Valentine v. HavenerSupreme Court of Missouri · 1854
- Rosenheim v. HartsockSupreme Court of Missouri · 1886
- Hamer v. CookSupreme Court of Missouri · 1893
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3Cited by2 opinions
- State Ex Rel. Delmoe v. District CourtMontana Supreme Court · 1935
- Cooper v. GunterSupreme Court of Missouri · 1908