Munford v. Wilson
Supreme Court of Missouri
Munford was a stranger to the defendants and had no interest whatever, in the land mentioned in the contract which is the cause of this action, as appears by the contra^ itself it wau in the adverse possession of other persons. He entered into the contract, and commenced suit, against Carr and others, not from motives of charity or justice, but simply as a speculation; oí, to use a strong western phrase, as a Land Pirate.
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Munford was a stranger to the defendants and had no interest whatever, in the land mentioned in the contract which is the cause of this action, as appears by the contra^ itself it wau in the adverse possession of other persons. He entered into the contract, and commenced suit, against Carr and others, not from motives of charity or justice, but simply as a speculation; oí, to use a strong western phrase, as a Land Pirate. The contract is, not to secure him the reasonable value of his services out of the amount to be recovered against Carr and others, but it is to have one third of 40 arpens…
1Opinion of the CourtGamble, J.
The judgment in this case professes to be upon a case agreed, and the record contains an agreement signed by counsel, as well as letters and a deposition, which all appear to have been considered by the court.
Although the judgment has the agreed case for its foundation, the parties^ asked the court for a great number of instructions, of which some were given and some refused.
It is our understanding, that a judgment upon an agreed case is a judgment upon the facts which the parties have assented to and signed, and *558which agreement stands in lieu of a special verdict. The agreement is not, in…
2Cases cited1 opinion
- Evans v. BellCourt of Appeals of Kentucky · 1838
3Cited by19 opinions
- Blount v. SprattSupreme Court of Missouri · 1892
- Ragan v. SchrefflerSupreme Court of Missouri · 1957
- Gage v. GatesSupreme Court of Missouri · 1876
- Rivard v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1914
- Carr v. Lewis Coal Co.Supreme Court of Missouri · 1888
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