Owens v. Rector
Supreme Court of Missouri
Jlppcal from Fifth District Court. . I. A grantee.may set up,as defense to anote given for tbe purcliase of real estate, that the property sold to him, or part of it, was not the property of the grantor,-though he (the grantee) may not have been evicted. - ( 23 Mo. 151; 4 Mass. 627; 12 Mass. 304; 8 Pick. 547 ; Rawle on Covenants, 464.) H. The answer sets up fraud, and sets out the representations made by the agent of the' plaintiff, upon which he relied, and which proved to…
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Jlppcal from Fifth District Court. . I. A grantee.may set up,as defense to anote given for tbe purcliase of real estate, that the property sold to him, or part of it, was not the property of the grantor,-though he (the grantee) may not have been evicted. - ( 23 Mo. 151; 4 Mass. 627; 12 Mass. 304; 8 Pick. 547 ; Rawle on Covenants, 464.) H. The answer sets up fraud, and sets out the representations made by the agent of the' plaintiff, upon which he relied, and which proved to be false. ' This constitutes a defense. (12 Mo. 517; Rawle on Covenants, 485.) III. False representations by the vendor,…
1Opinion of the CourtBliss, Judge
The plaintiff brought suit, in the Buchanan Court of Common Pleas, upon a promissory note for $700 executed to him by defendant. Defendant pleads fraud, and alleges that the note was given for the deferred payment upon a purchase of certain lots in St. Joseph at the price of $3,100, the balance having been paid in cash at the time of the purchase; that the plaintiff, by his attorney for the sale, Jas. A. Gwens, executed a warrantee deed for the lots by number, being lots 6 and 7, etc.; that, before making the sale, plaintiff’s land agent and attorney went upon the premises with the defendant,…
2Cases cited1 opinion
- Hyer v. HyattU.S. Circuit Court for the District of District of Columbia · 1827
3Cited by9 opinions
- Nixon v. FranklinSupreme Court of Missouri · 1956
- Leicher v. KeeneyMissouri Court of Appeals · 1903
- Gordon v. ParkSupreme Court of Missouri · 1907
- Morse v. RathburnSupreme Court of Missouri · 1871
- Lanyon v. ChesneySupreme Court of Missouri · 1905
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