Houx v. County of Bates
Supreme Court of Missouri
Error to Vernon Circuit Court. The county of Bates, for a valuable consideration admitted by her to have been paid, undertook to convey the property by a proper description to Leonard Dodge, through whom plaintiffs claim.
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Error to Vernon Circuit Court. The county of Bates, for a valuable consideration admitted by her to have been paid, undertook to convey the property by a proper description to Leonard Dodge, through whom plaintiffs claim. Though in a court of law the description was defective, yet in a court of equity, which deems as done that which the party agreed to do; the grantee had title to the land intended to be described, and as against Bates county, was entitled to have the mistake corrected. (Rhodes vs. Óutcalt, 48 Mo., 372.) The deed made by the commissioner is in effect the deed of the county,…
1Opinion of the CourtNapton, Judge
This was a petition to the circuit court to have corrected a supposed error in a deed from the commissioner of Bates county to one Leonard Dodge, administrator of the estate of Cyrus K. Dodge.
The facts as thej7 appear from the petition and answer, will explain fully the points upon which a judgment for the defendant was ultimately rendered. It is true the answer was stricken out, and all the evidence offered in support of it rejected, but we may assume that the facts are correctly stated, considering the motion to strike out in the nature of a demurrer.
Iii 1857, the county commissioner of…
2Cases cited2 opinions
- Moreau v. DetchemendySupreme Court of Missouri · 1853
- Floyd v. LipkaSupreme Court of Delaware · 1959
3Cited by4 opinions
- Hartt v. HarttWyoming Supreme Court · 1956
- Gardner v. MooreSupreme Court of Alabama · 1883
- Allen v. HarnettSupreme Court of Missouri · 1893
- Sharkey v. McDermottMissouri Court of Appeals · 1884