Callahan v. Shotwell
Supreme Court of Missouri
Appeal from Ray Circuit Court. I. The court erred in referring this canse without the written consent of the parties. (Wagn. Stat., 1041, § 18 ; Caulk vs. Blvth. 55 Mo., 293.) II. If plaintiffs had any right of action in the premises, it was to set aside the quit-claim conveyance to Gov. King apon the payment of reasonable compensation for services actually rendered.
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Appeal from Ray Circuit Court. I. The court erred in referring this canse without the written consent of the parties. (Wagn. Stat., 1041, § 18 ; Caulk vs. Blvth. 55 Mo., 293.) II. If plaintiffs had any right of action in the premises, it was to set aside the quit-claim conveyance to Gov. King apon the payment of reasonable compensation for services actually rendered. I. Defendant’s objection to the reference, to avail, must have been made at the time of the order of reference. II. It is unequitable and against the law for the estate to hold the land and not refund the amount of the unearned…
1Opinion of the CourtNapton, Judge
The suit, during its progress, seems to have assumed a variety of phases ; but it grew out of, and is based on, the following contract made by Gov. King in 1869:
“ Whereas Elizabeth H. Callahan, formerly Elizabeth Nutter, and James M. Callahan, her husband, have this day conveyed by quit-claim deed to me, as tenant in common with Tilton Davis, the following tract of land in Lafayette county (hére follows a description of the land, 200 acres); now, therefore, this agreement witnessetli, that in consideration of said land and conveyance, as aforesaid, I do hereby agree with said Elizabeth…
2Cited by8 opinions
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- Vining v. Franklin Fire InsuranceMissouri Court of Appeals · 1901
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