Kilpatrick v. Wiley
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Hon Jno. P, Butler; Judge. (1) The court erred in finding as a fact that the figures “$40” mentioned in the contract denominated Exhibit A, made by Kilpatrick and Lisle with Allen for the sale of their land, had been changed. The court had no authority or right to consider that matter.
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Appeal from Chariton Circuit Court. — Hon Jno. P, Butler; Judge. (1) The court erred in finding as a fact that the figures “$40” mentioned in the contract denominated Exhibit A, made by Kilpatrick and Lisle with Allen for the sale of their land, had been changed. The court had no authority or right to consider that matter. The alteration of the contract in that regard was not in anywise brought in question by any party to the suit nor was there any evidence whatever on that point. Even an equity court has no right to raise and decide a question in no wise brought in issue by either party, and…
1Opinion of the CourtLamm, J.
Lewis Lisle and R. B. Kilpatrick on February 15, 1902, owned 4801 3-4 acres of land in section 2, township 55, range 21, in Chariton county, Missouri, described as “52 acres, north part of northwest quarter lying west of the Wabash railroad and all of section 2 lying east of said Wabash railroad.” These lands are called “uplands.” At that same time Lisle *140and Kilpatrick owned 740 acres additional, in two parcels some distance apart — one cornering with their said uplands. These latter lands are called' “bottom lands.”
Sidney P. Allen was a real estate agent residing in Kansas City, Missouri,…
2Cases cited14 opinions
- Bragg v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Planters Bank of Farmville v. WhittleSupreme Court of Virginia · 1884
- Newham v. KentonSupreme Court of Missouri · 1883
- Holladay v. DailySupreme Court of the United States · 1874
- Denny v. WickliffeCourt of Appeals of Kentucky · 1858
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3Cited by15 opinions
- Todd v. Superior Court of San FranciscoCalifornia Supreme Court · 1919
- Beheret v. MyersSupreme Court of Missouri · 1912
- Miller v. CoffeenSupreme Court of Missouri · 1955
- Hall v. Union Indemnity Co.Court of Appeals for the Eighth Circuit · 1932
- Anable v. McDonald Land & Mining Co.Missouri Court of Appeals · 1910
10 more not listed; retrieve them via the Exa API.