Potter v. Everett
Missouri Court of Appeals
Appeal from, the Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (1) The court erred in refusing each of the instructions asked by the execution plaintiff, Charles A. Everett. Growing timber is an interest in lands, and any conveyance thereof, to be effectual, must be by deed under seal. R. S. 1879, sec. 674; Mcllvaine v. Harris, 20 Mo. 457 ; Deland v. Vanstone, 26 Mo. App. 297; Andrews v. Costican, 30 Mo.
Read the full summary
Appeal from, the Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (1) The court erred in refusing each of the instructions asked by the execution plaintiff, Charles A. Everett. Growing timber is an interest in lands, and any conveyance thereof, to be effectual, must be by deed under seal. R. S. 1879, sec. 674; Mcllvaine v. Harris, 20 Mo. 457 ; Deland v. Vanstone, 26 Mo. App. 297; Andrews v. Costican, 30 Mo. App. 29; Creen v. Armstrong, 1 Denio, 550; McGregor v. Brown, 10 N. Y. 114; Slocum v. Seymour, 36 N. J. 138 ; 1 Benjamin on Sales [4 Am. Ed.] sec. 120; 1 Washburn on Real Property [6…
1Opinion of the CourtSmith, P. J.
In October, 1886, John W. White, who was the owner, in fee, of eighty acres of land in Cooper county, entered into an unsealed and unacknowledged written agreement with Fred. Steinbrink, whereby the former, for the consideration of one hundred and fifty-one dollars,' to be thereafter paid to him, in certain installments, sold to the latter the growing timber on said land. When the first installment became due, Steinbrink was unable to meet it. The written contract was then by parol agreement modified, Steinbrink securing all of the contract price of the timber, except about ten dollars, and…
2Cases cited7 opinions
- Fuhr v. DeanSupreme Court of Missouri · 1857
- Kelly & Co. v. Smith & ShotwellCourt of Appeals of Kentucky · 1858
- Sterling v. BaldwinSupreme Court of Vermont · 1869
- Deland v. VanstoneMissouri Court of Appeals · 1887
- Atlantic & Pacific Railroad v. FreemanSupreme Court of Missouri · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cooley v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1899
- Tamko Asphalt Products, Inc. v. FenixMissouri Court of Appeals · 1959
- Stagner v. StaplesMissouri Court of Appeals · 1968
- Mine LaMotte Lead & Smelting Co. v. WhiteMissouri Court of Appeals · 1904
- Gibson v. St. Joseph Lead Co.Missouri Court of Appeals · 1937
4 more not listed; retrieve them via the Exa API.