Legal Opinion

Andrews v. Broughton

Missouri Court of Appeals

Decided January 16, 1899PublishedCited by 10 opinions

Appeal from, the Lafayette Circuit Court. — Hon. Richard STATEMENT BY ELLISON, J. The following is the petition in this cause : “Plaintiff, for his cause of action against the defendants and for his amended petition, states that he is the duly appointed, qualified and acting administrator petition. of the estate of Sallie E. Broughton, deceased; that said.

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Appeal from, the Lafayette Circuit Court. — Hon. Richard STATEMENT BY ELLISON, J. The following is the petition in this cause : “Plaintiff, for his cause of action against the defendants and for his amended petition, states that he is the duly appointed, qualified and acting administrator petition. of the estate of Sallie E. Broughton, deceased; that said. Sallie E. Broughton departed this life on or about the seventh day of July, 1896. “That said Sallie E. Broughton was the widow of William O. Broughton, late of the county of Lafayette, and state of Missouri, who died on or about the 1st day…

1Opinion of the CourtEllison, J.

The plaintiff is the administrator of the estate of Sallie E. Broughton, deceased. She was the widow of William C. Broughton. The defendants are the children and heirs of the latter. The trial court sustained a demurrer to plaintiff’s petition and he appeals.

It is defendants’ contention that the contract is one for the conveyance of land by defendants to Sallie E. Broughton; that though signed by her, it is not signed by defendants, the parties “to be charged therewith,” and that therefore no action (by reason of the statute of frauds) can be maintained thereon. And that if this action be not…

2Cases cited13 opinions

  1. Fuller v. ReedCalifornia Supreme Court · 1869
  2. Dix v. MarcyMassachusetts Supreme Judicial Court · 1875
  3. Williams v. BemisMassachusetts Supreme Judicial Court · 1871
  4. Clark v. DavidsonWisconsin Supreme Court · 1881
  5. Dowling v. McKenneyMassachusetts Supreme Judicial Court · 1878

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3Cited by10 opinions

  1. Quirk v. Bank of Commerce & Trust Co.Court of Appeals for the Sixth Circuit · 1917
  2. Ward v. WardSupreme Court of Colorado · 1934
  3. Neal v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1944
  4. Cozad v. ElamMissouri Court of Appeals · 1905
  5. Sursa v. CashMissouri Court of Appeals · 1913

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