Coats v. Robinson & Hendley
Supreme Court of Missouri
APPEAL from Callaway Circuit Court. 1. That the court cannot decree the sale of the slaves, as they were not made by contract subject to the debt. 2. The complainants intestate concealed defects and misrepresented the location of the land, and the price agreed to be given is greatly beyond the true value of the land, and is not fair and reasonable, and specific performance should not be enforced.
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APPEAL from Callaway Circuit Court. 1. That the court cannot decree the sale of the slaves, as they were not made by contract subject to the debt. 2. The complainants intestate concealed defects and misrepresented the location of the land, and the price agreed to be given is greatly beyond the true value of the land, and is not fair and reasonable, and specific performance should not be enforced. Story’s Eq., sec. 769 and following; King vs. Hamilton, 4 Peters Rep., 311; 2 Story’s Eq., sec. 778; Sugden on Vendors, 194; Gowger vs. Gorden, 4 Blackford, 110; Gorden vs. Gowger, 4 Blackford, 231;…
1Opinion of the CourtNapton, J.
The administrators of Joseph D. Johnson filed a bill in chancery In 1845, against William Coats and his wife and Thomas Callaway and the heii’s of said Johnson, for the purpose of obtaining payment of a note executed by said Coats and wife and Callaway, out of the separate estate of said Cena Coats. The facts charged in the bill were, that in 1843, Johnson, the intestate, sold his farm in Callaway county to Mrs. Coats for $1250, and took a note signed by her and her husband and Thomas Callaway for the amount, payable in twelve months. The title was to be made when the purchase money was paid,…
2Cases cited1 opinion
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