Starks v. Garver Lumber Manufacturing Co.
Missouri Court of Appeals
Appeal from New Madrid Circuit Court. — How. B. G. Banney, Special Judge. (1) The timber standing on the land being a part of the realty could only be conveyed by a deed in writing. Hence Miller and Fields acquired no title to the timber sued for and could convey none. Sec. 2783, R. S. 1909; Lead Co. v. White, 106 Mo. App. 230; Potter v. Everett, 40 Mo. App. 161; Andrews v. Corrigan, 30 M'o.
Read the full summary
Appeal from New Madrid Circuit Court. — How. B. G. Banney, Special Judge. (1) The timber standing on the land being a part of the realty could only be conveyed by a deed in writing. Hence Miller and Fields acquired no title to the timber sued for and could convey none. Sec. 2783, R. S. 1909; Lead Co. v. White, 106 Mo. App. 230; Potter v. Everett, 40 Mo. App. 161; Andrews v. Corrigan, 30 M'o. App. 33. (2) Before this case is taken out of the Statute of Frauds the proof must show that plaintiff went into possession of the land upon which said timber was standing in pursuance to and referable to…
1Opinion of the CourtRobertson, P. J.
About June 17, 1911, the plaintiff succeeded to the rights of another party to a verbal contract for the purchase of all timber on one hundred acres of land in the county of New Madrid, for which he paid $35. Upon acquiring this interest in the .contract of purchase, he interviewed the then owner -of the land who gave him assurances that he should have until the first day of the succeeding January in which to remove the timber. All of plaintiff’s negotiations, both in acquiring the interest in the contract and making the arrangement with the land owner, were verbal. At the time of this…
Also in this document: Concurrence.
2Cases cited6 opinions
- Bless v. JenkinsSupreme Court of Missouri · 1895
- Emmel v. HayesSupreme Court of Missouri · 1890
- Nally v. ReadingSupreme Court of Missouri · 1891
- Johnson v. ReadingMissouri Court of Appeals · 1889
- Marks v. DavisMissouri Court of Appeals · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Stagner v. StaplesMissouri Court of Appeals · 1968
- Leonard v. American Walnut Co., Inc.Missouri Court of Appeals · 1980
- Shacklett v. CumminsSupreme Court of Missouri · 1917
- Dennis v. WoolseyMissouri Court of Appeals · 1925