Mastin v. Halley
Supreme Court of Missouri
Error to Jackson County Cirowit Court. I. Defendant Hailey had no notice as to Lawton’s possession, for he never took possession. And the record of the deed to Lawton afforded no notice of infirmities in theinstmment. If it showed anything it showed an unexecuted consideration. II. Plaintiff has no equity. The houses which Lawton was to erect should have been completed within a reasonable time. It is now too late to comply with that agreement.
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Error to Jackson County Cirowit Court. I. Defendant Hailey had no notice as to Lawton’s possession, for he never took possession. And the record of the deed to Lawton afforded no notice of infirmities in theinstmment. If it showed anything it showed an unexecuted consideration. II. Plaintiff has no equity. The houses which Lawton was to erect should have been completed within a reasonable time. It is now too late to comply with that agreement. As affecting the principal matters involved in this case, see Delavan vs. Duncan, 49 N. Y., 485 ; Hamilton vs. Elliott, 58 Kan., 385. I. The conveyance…
1Opinion of the CourtSherwood, Judge
In 1855, one Chester Hubbard, being the owner of lots 6 .and 7, in block No. 2, of Hubbard’s addition to the town of Kansas, (now Kansas City) in consideration of the sum of $200, the receipt of which was acknowledged, “ and in consideration of the agreement of the said party of the second part (one Asa Lawton) to erect or cause to be erected one certain building on the lots,” conveyed them to Lawton by an instrument which, but for its lack of seal, would have been a deed, with the usual covenants of warranty, and perfect in ail its parts. Within five months from the date of this imperfect…
2Cases cited2 opinions
- Bishop v. SchneiderSupreme Court of Missouri · 1870
- Wadsworth v. WendellNew York Court of Chancery · 1821
3Cited by19 opinions
- Stanton v. SingletonCalifornia Supreme Court · 1899
- Clarno v. GraysonOregon Supreme Court · 1896
- Wendover v. BakerSupreme Court of Missouri · 1894
- Martin v. NixonSupreme Court of Missouri · 1887
- Adams v. ReedUtah Supreme Court · 1895
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