Sutton v. Hayden
Supreme Court of Missouri
ftp peal from St. Louis Circuit Court. I. The evidence did not prove the contract alleged in the petition. II. The alleged contract was not established by the kind of evidence, or with that satisfactory proof required by courts of equity in decreeing specific performance.
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ftp peal from St. Louis Circuit Court. I. The evidence did not prove the contract alleged in the petition. II. The alleged contract was not established by the kind of evidence, or with that satisfactory proof required by courts of equity in decreeing specific performance. (a,.) The alleged contract is one that the statute of frauds requires to be in writing, and signed by the party to be charged, and the evidence for plaintiffs was entirely oral, and consisted entirely of testimony regarding what was said in casual conversation. (1 Greenl. Ev., §§ 96, 200; 1 Phil.Ev;-, [5 Am. Ed.] t. p. 396 ;…
1Opinion of the CourtSherwood, Judge
This is a proceeding in equity, brought by Jonathan K. Sutton and Nancy A. Sutton, his wife, against Mary A. Smith and others, as heirs at law of one Mrs. Nancy A. Green, deceased, and Edwin Hayden, as trustee, for the purpose of having the title to a certain house and lot, fully described in the petition, vested in the plaintiff, Nancy A. Sutton, and for other incident relief.
The petition alleges, in substance, that Mrs.' Nancy A. Green, in the year 1856, became the owner of a separate estate in fee in a lot on Morgan Street, between 17th and 18th streets, in the city of St. Louis, upon…
2Cases cited6 opinions
- Gupton v. GuptonSupreme Court of Missouri · 1870
- Wright v. TinsleySupreme Court of Missouri · 1860
- Green v. SuttonSupreme Court of Missouri · 1872
- Siemers v. KleeburgSupreme Court of Missouri · 1874
- Woodward v. Harris & AspinwallThe Superior Court of New York City · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Kofka v. RosickyNebraska Supreme Court · 1894
- Anderson v. AndersonSupreme Court of Kansas · 1907
- Chehak v. BattlesSupreme Court of Iowa · 1907
- McCabe v. HealyCalifornia Supreme Court · 1902
62 more not listed; retrieve them via the Exa API.