Shannon v. Mastin
Missouri Court of Appeals
Appeal from Cass Circuit Court.- — Hon. Niele M. Bradley, Judge. The petition stated no facts constituting a cause of action and objection to any evidence should have been sustained. (1) There was no allegation of fraud or mistake of fact in making assignment by defendant trustees declared on. Insurance Co. v. Landis, 50 Mo. App. 116; Gilmore v. Cook, 88 Mo. 25; Tiedeman, Real Property, sec. 781; Armstrong v. Winfrey, 61 M'o. 354; German v. Gilbert, 83 Mo.
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Appeal from Cass Circuit Court.- — Hon. Niele M. Bradley, Judge. The petition stated no facts constituting a cause of action and objection to any evidence should have been sustained. (1) There was no allegation of fraud or mistake of fact in making assignment by defendant trustees declared on. Insurance Co. v. Landis, 50 Mo. App. 116; Gilmore v. Cook, 88 Mo. 25; Tiedeman, Real Property, sec. 781; Armstrong v. Winfrey, 61 M'o. 354; German v. Gilbert, 83 Mo. App. 411; Chenoweth v. Express Co., 93 M®. App. 193; Forbs v. Railroad, 107 Mo. App. 662; Banking Co. v. Pink, 95 Mo. App. 257. (2) The…
1Opinion of the CourtEllison, J.
This is an action on a covenant in an assignment of a lease. Tbe judgment in the trial court was for the plaintiff.
Edward Coultier was the owner of a tract of land thought to have gas and oil beneath the surface. He and his wife executed under seal a paper which is called a “permit” to the Belton Oil and Mining Company, permitting that company to drill for gas or oil or numeral, for one dollar and certain royalties. Afterwards the defendants Mastin, Goodbar and Jerard were appointed trustees of the Oil Company by the circuit court in a proceeding for that purpose instituted to dissolve the…
2Cases cited10 opinions
- Taylor v. Davis' AdministratrixSupreme Court of the United States · 1884
- Throckmorton v. PenceSupreme Court of Missouri · 1894
- Barnard v. DuncanSupreme Court of Missouri · 1866
- Cashion v. FainaSupreme Court of Missouri · 1870
- Waldo v. HallMassachusetts Supreme Judicial Court · 1787
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3Cited by2 opinions
- Beltner v. CarlsonNebraska Supreme Court · 1951
- Best v. Crown Drug Co.Court of Appeals for the Eighth Circuit · 1946