Bailey v. Smock
Supreme Court of Missouri
Appeal from Saline Circuit Court. I. Defendant’s statements as to the title were mere opinions, not statements on which plaintiff had reason to rely. And defendant made no attempt to prevent his examining the records. They were easily accessible, and the failure to examine them was his own negligence.
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Appeal from Saline Circuit Court. I. Defendant’s statements as to the title were mere opinions, not statements on which plaintiff had reason to rely. And defendant made no attempt to prevent his examining the records. They were easily accessible, and the failure to examine them was his own negligence. (See Hodges vs. Torrey, 28 Mo., 99; Bryan vs. Hitchcock, 43 Mo., 529; Holland vs. Anderson, 38 Mo., 55 ; Laugsdon vs. Green, 49 Mo., 363.) The duty of defendant in error, when he ascertained that other liens were upon the land, was to surrender the note to plaintiff in error, and demand of him…
1Opinion of the CourtWagner, Judge
From the record it appears that Smock, the defendant, sold to one Magoffin, a tract of land, and for part of the purchase money took his note, which is the note here sued on. The notéis in words and figures as follows: i;$l,716.60. On or before the 5th day of March, eighteen hundred aud seventy (1870), I promise to pay to J ames F. Smock or order, seventeen hundred and sixteen dollars and sixty cents, being the last payment on one hundred and twenty-five-eighfh-hnndreths acres of land purchased by me of said J. F. Smock, all in Saline ponnty, Mo. A title bond executed for a deed and held by…
2Cases cited8 opinions
- Wannell v. KemSupreme Court of Missouri · 1874
- Holland v. AndersonSupreme Court of Missouri · 1866
- Tucker v. TuckerSupreme Court of Missouri · 1860
- Langdon v. GreenSupreme Court of Missouri · 1872
- O'Fallon v. KerrSupreme Court of Missouri · 1847
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Drake v. GreenerMissouri Court of Appeals · 1975
- Taylor v. NewmanSupreme Court of Missouri · 1883
- Scott v. HillSupreme Court of Missouri · 1932
- State ex rel. Hartley v. InnesMissouri Court of Appeals · 1909
- Kessler v. ClayesMissouri Court of Appeals · 1910
21 more not listed; retrieve them via the Exa API.