Simmons v. Headlee
Supreme Court of Missouri
Appeal from, Greene -Circuit Court. — -Hon. W. P. Geigeb, Judge. (1) Tbe evidence in this case shows such performance of the parol contract on. the part of defendant, O’Callahan, as will take the case out of the operation of the statute of frauds, and constitute a complete equitable defence to the action. Bean r>. Valle, 2 Mo. 102, 185; Farrar v. Patton, 20 Mo. 81, 84; Charpiott v. Bigerson, 25 Mo. 63; Dickerson v. Chrisman, 28 Mo. 134, 140 ; Gupton n.
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Appeal from, Greene -Circuit Court. — -Hon. W. P. Geigeb, Judge. (1) Tbe evidence in this case shows such performance of the parol contract on. the part of defendant, O’Callahan, as will take the case out of the operation of the statute of frauds, and constitute a complete equitable defence to the action. Bean r>. Valle, 2 Mo. 102, 185; Farrar v. Patton, 20 Mo. 81, 84; Charpiott v. Bigerson, 25 Mo. 63; Dickerson v. Chrisman, 28 Mo. 134, 140 ; Gupton n. Gupton, 47 Mo. 37, 46; Tatum v. Brooker, 51 Mo. 148 ; Price v. Hart, 29 Mo. 171; Despain v. Carter, 21 Mo. 331, 336*; Adair ®. Adair, 78 Mo.…
1Opinion of the CourtNorton, C. J.
This is an action of ejectment to recover possession of certain lands in Greene connty. In support of their title, the plaintiffs, who are the heirs of P. T. Simmons, deceased, put in evidence a sheriff’s deed conveying to said P. T. Simmons all the interest of defendant, Thomas O’ Callahan,, to the land sued for. It appears from this deed that on the thirty-first of May, 1881, a judgment was rendered in the circuit court of Greene county in favor of one Lander Sell, against said O’Callahan, for $54.75 and $4.40 for costs, which judgment was assigned to Simmons & Hubbard; that on this…
2Cases cited5 opinions
- Winters v. CherrySupreme Court of Missouri · 1883
- Self v. CordellSupreme Court of Missouri · 1870
- Charpiot v. SigersonSupreme Court of Missouri · 1857
- Snider v. ThrallWisconsin Supreme Court · 1883
- Webb v. TomsSupreme Court of Missouri · 1885
3Cited by6 opinions
- Emmel v. HayesSupreme Court of Missouri · 1890
- Taylor v. Von SchraederSupreme Court of Missouri · 1891
- Murphy v. De HaanSupreme Court of Iowa · 1902
- Adams v. ManningUtah Supreme Court · 1915
- Willey v. TalkingtonSupreme Court of Missouri · 1958
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