Steadman v. Hayes
Supreme Court of Missouri
Appeal from Benton Circuit Court. — HoN. J. B. Gantt, Judge. The court erred in dismissing complainant’s bill. The evidence clearly shows the trade was fully consummated when Mitchell, the agent of Hayes, delivered the deed to Stoddart. But, if the trade was conditional, and Mitchell exceeded his authority in delivering the deed, Hayes ratified the act.
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Appeal from Benton Circuit Court. — HoN. J. B. Gantt, Judge. The court erred in dismissing complainant’s bill. The evidence clearly shows the trade was fully consummated when Mitchell, the agent of Hayes, delivered the deed to Stoddart. But, if the trade was conditional, and Mitchell exceeded his authority in delivering the deed, Hayes ratified the act. Hayes received no consideration for the deed to his daughters, and if executed when claimed, it was voluntary as to subsequent purchasers without notice Defendants, who claimed the land, did not testify in the cause. This shows lack of good…
1Opinion of the CourtHenry, J.
By this action plaintiff' seeks to set aside a conveyance of certain town lots in the town of Warsaw, and tracts of land in Barton county by William Hayes to his co-defendants, his daughters, dated January 31,1876, and recorded the 17th day of May, 1876, alleging that on the 9th of May, 1876, said Hayes and wife, by their deed of that date and recorded May 20,1876, conveyed the same property to Ashton B. Stoddart, who paid a valuable consideration therefor, without any notice of the conveyance to Hayes’s daughters, which was without consideration, and contrived by them for the purpose of…
2Cited by2 opinions
- Mitchell v. HenleySupreme Court of Missouri · 1892
- Tyler v. LarimoreMissouri Court of Appeals · 1885