Egan v. Martin
Missouri Court of Appeals
Appeal from Chariton Circuit Court. — Ho». W. S. Stockwell, Special Judge. (1) It is conceded that by the deed from defendants to James A. Egan, he got all of the interest in the real estate in question except what was vested in the Warren lodge, and in determining the value of the lodge’s interest the limitations on its estate was a proper subject of inquiry, hence, the court committed error in refusing to permit such inquiry and in refusing defendants ’ instruction No. 2.…
Read the full summary
Appeal from Chariton Circuit Court. — Ho». W. S. Stockwell, Special Judge. (1) It is conceded that by the deed from defendants to James A. Egan, he got all of the interest in the real estate in question except what was vested in the Warren lodge, and in determining the value of the lodge’s interest the limitations on its estate was a proper subject of inquiry, hence, the court committed error in refusing to permit such inquiry and in refusing defendants ’ instruction No. 2. Hill v. Golden, 16 B. Mon. 554; Terry v. Drabenstadt, 68 Pa. St. 400; Raivle Oov. Title (5 Ed.), par. 186; Guthrie v.…
1Opinion of the CourtBroaddus, J.
— This case has been before this court on two former occasions and will be found reported in 71 Mo. App. 60, and 81 Mo. App. 676.
The action is for breach of warranty contained in a deed from defendants to James C. Egan. Since the case was last reported said Egan has died, the cause being revived in the name of the plaintiff herein as his administratrix. A statement of the principal facts of the case are set out in the opinion of Judge Smith in 71 Mo. App. supra.
On the first appeal the cause was reversed for the reason that the court refused to give the following instruction in behalf of the…
2Cases cited2 opinions
- Eagan v. MartinMissouri Court of Appeals · 1899
- Egan v. MartinMissouri Court of Appeals · 1897