Mitchell v. Smith

* Corpus Juris-Cyc References: Alteration of Instruments, 2CJ, section 147, p. 1256, n. 62; Appeal and Error, 4CJ, section 2732, p. 782, n. 31; section 2834, p. 853, n. 59; Damages, 17CJ, section 397, p. 1087, n. 56; Torts, 38Cyc, p. 540, n. 5; Trial, 38Cyc, p. 1632, n. 10; p. 1686, n. 64. This case comes to us from the circuit court of Howard county. The petition was in three counts. Counts two and three dropped out of the case in the trial court and plaintiff's recovery was on the first count.

The evidence shows that defendant owned a farm in Boone county, Missouri. A former tenant had given…