Matthews v. Cook
Supreme Court of Missouri
Error to Jefferson Circuit Court. This was an action by Newton Matthews against Allen Cook and Chapel Foster, to set aside a deed made by said Matthews to Allen Cook, for 160.75 acres of land situate in Jefferson county, on the ground that he was intoxicated when it was made; that the consideration was, that Cook was to support him for life, and that he had failed to comply with the terms of conveyance ; also, for $300 in money, and the value of certain personal property…
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Error to Jefferson Circuit Court. This was an action by Newton Matthews against Allen Cook and Chapel Foster, to set aside a deed made by said Matthews to Allen Cook, for 160.75 acres of land situate in Jefferson county, on the ground that he was intoxicated when it was made; that the consideration was, that Cook was to support him for life, and that he had failed to comply with the terms of conveyance ; also, for $300 in money, and the value of certain personal property delivered by him to Cook; and, also, to vacate a deed from Cook to said Foster, for the same land; a default was entered…
1Opinion of the CourtDryden, Judge
1. This was not a case which by the provisions of the 20th section of art. 13 of the Practice A.ct (R. C. 1855, p. 1289) was required to be docketed for any special day. There was no issue of fact to be tried; the default having admitted the allegations t>f the petition, there was no inquiry of damages to be made, no damages being asked, and there was no motion or other matter of law for argument at the term at which the case was docketed. The case standing upon the interlocutory judgment, without any issue of law or fact to be heard, was liable to be taken up, and the judgment made final, at…
2Cited by9 opinions
- Hall v. McConeyMissouri Court of Appeals · 1910
- Colter v. LukeMissouri Court of Appeals · 1908
- Miller v. CrawfordMissouri Court of Appeals · 1910
- Burnes v. BurnesMissouri Court of Appeals · 1895
- Morgan v. OwnbeySuperior Court of Delaware · 1916
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