Anderson v. Shockley
Supreme Court of Missouri
Ap>peal from Buchanan Circuit Court. — Hon. W. TI. Sherman, Judge. The court below erred in permitting any evidence on.' the part of defendant as to the number of plaintiff’s children and the amount of property owned by him, there being nothing in the issues making such evidence relevant or competent. As the defendant sought specific performance of the contract set up in his answer, the burden of proof was on him to make out his case.
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Ap>peal from Buchanan Circuit Court. — Hon. W. TI. Sherman, Judge. The court below erred in permitting any evidence on.' the part of defendant as to the number of plaintiff’s children and the amount of property owned by him, there being nothing in the issues making such evidence relevant or competent. As the defendant sought specific performance of the contract set up in his answer, the burden of proof was on him to make out his case. To entitle a party to a specific performance, it must he so precise and exact in its terms that neither party could reasonably misunderstand them, and these…
1Opinion of the CourtNorton, J.
This is a suit in ejectment to recover possession of forty acres of land in the petition described. The-answer of defendant, among other things, sets up that plaintiff' is his grandfather and controlled and received the benefits of defendant’s labor till he was twenty-three years old. That plaintiff' became the owner of the land in 1867 and in 1868 gave it to defendant, but did not execute a deed therefor; that in the year aforesaid plaintiff told defendant-that he had bought the land for him and requested defendant to take possession of it, clear the timber from it, fence and put it in…
2Cases cited12 opinions
- Neale v. NealesSupreme Court of the United States · 1870
- Freeman v. . FreemanNew York Court of Appeals · 1870
- Sutton v. HaydenSupreme Court of Missouri · 1876
- Gupton v. GuptonSupreme Court of Missouri · 1870
- Bright v. BrightIllinois Supreme Court · 1866
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
- Nowack v. BergerSupreme Court of Missouri · 1896
- Chenoweth v. Pacific Express Co.Missouri Court of Appeals · 1902
- Anderson v. PembertonSupreme Court of Missouri · 1886
7 more not listed; retrieve them via the Exa API.