Watson v. Menteer
Missouri Court of Appeals
Appeal from the Cooper Circuit Court.—Hon. D. W. Shackleford, Judge. (1) The court erred in taking the case from the jury by instructions, as there was evidence before the jury tending to prove that a part of the corn in controversy had been severed from the land before the date of the sale, under which plaintiff claims title.
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Appeal from the Cooper Circuit Court.—Hon. D. W. Shackleford, Judge. (1) The court erred in taking the case from the jury by instructions, as there was evidence before the jury tending to prove that a part of the corn in controversy had been severed from the land before the date of the sale, under which plaintiff claims title. (2) The court erred in refusing to allow witness Menteer to tell how much of the corn that was sold to Harness by defendant had been gathered or severed from the land before the date of the trustee’s sale. (3) The court committed error in refusing to give defendant’s…
1Opinion of the CourtEllison, J.
The owner of certain farming lands in Cooper county, June 26, 1890, gave a deed of trust thereon, to secure the payment of a promissory note. Afterward the owner died and his administratrix, in the month of March, 1891, rented the land tQ a tenant who planted a crop of corn, which he sold about the first of July, while growing, to one Harness, receiving part of the purchase money. On the twenty-ninth of August, 1891, the land was sold under the provisions of the deed of trust, one Watson becoming the purchaser at such sale. Harness who had purchased the com of the tenant, as stated, paid the…
2Cases cited6 opinions
- Salmon v. FewellMissouri Court of Appeals · 1885
- Fischer v. JohnsonMissouri Court of Appeals · 1892
- McAllister v. LawlerMissouri Court of Appeals · 1888
- Vogt v. CunninghamMissouri Court of Appeals · 1892
- Wallace v. CherryMissouri Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Reed v. SwanSupreme Court of Missouri · 1896
- Timothy v. HicksMissouri Court of Appeals · 1942
- Tillman v. BungenstockMissouri Court of Appeals · 1914
- Hayward v. PoindexterMissouri Court of Appeals · 1921