Fields v. Hunter
Supreme Court of Missouri
APPEAL from the Ray Circuit Court. 1. The court erred in sustaining the'demurrer to the third plea; time, by way of description of record, is not material. — Martin vs. Miller, 3 Mo. Rep., 135; Brooks vs. Remis, 8 Johns.
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APPEAL from the Ray Circuit Court. 1. The court erred in sustaining the'demurrer to the third plea; time, by way of description of record, is not material. — Martin vs. Miller, 3 Mo. Rep., 135; Brooks vs. Remis, 8 Johns. Rep., 455. 2. The court erred in permitting to be read the covenant sued on, without proof of its execution; the covenant is but the inducement to the action, and matter of fact (i. e., sanction by paramount title,) the foundation.— See 1 Chitty’s Plead., 517; 2 Starkie’s Ev.,247; and-also, for variance between the covenant sued on, and the covenant introduced as evidence, 1…
1Opinion of the Court
Napton, Judge,
delivered, the opinion of the Court.
This was an action of covenant, brought by Hunter against Fields, in the Circuit Court of Ray county.
The declaration charged, that whereas heretofore, to wit, on, &c., at the county of Ray aforesaid, the^ defendant had, by a certain instrument of writing, sealed, &c., bargained and sold to the plaintiff the land on which he then lived, containing one hundred and sixty acres, for the sum of three hundred dollars, and had covenanted to warrant and defend unto the plaintiff the above-named land; said defendant did not and could not warrant and…
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