Legal Opinion

Holland v. Rongey

Supreme Court of Missouri

Decided March 28, 1902PublishedCited by 6 opinions

Appeal from Cartea Circuit Court. — Hon. J. L. Fort, Judge. (1) The note, which was the basis of the original suit herein, was executed with the mutual understanding between the parties that it was to satisfy and pay off the account theretofore run by appellant at the store of respondents, and it had that effect. Jackson v. Bowles, 67 Mo. 609; E-iggs v. Goodrich, 74 Mo. 108 ; Eice y. Dudley, 34 Mo. App. 383; O’Bryan v. Jones, 38 Mo.

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Appeal from Cartea Circuit Court. — Hon. J. L. Fort, Judge. (1) The note, which was the basis of the original suit herein, was executed with the mutual understanding between the parties that it was to satisfy and pay off the account theretofore run by appellant at the store of respondents, and it had that effect. Jackson v. Bowles, 67 Mo. 609; E-iggs v. Goodrich, 74 Mo. 108 ; Eice y. Dudley, 34 Mo. App. 383; O’Bryan v. Jones, 38 Mo. App. 90. Therefore, appellant was entitled to his homestead in all of the Tahor tract and the court erred materially in refusing to so declare the law. (2) This…

1Opinion of the CourtBurgess, J.

— This is an action in ejectment for the possession of the northwest quarter and the northeast quarter, *18and the west half of lot two of the northeast quarter, of section five, township twenty-five, of range one, in Carter county.

The petition is in the usual form. ' Defendant in his answer to the petition denied the ownership or possession of the west half of the northwest quarter, and the northeast quarter, and the west half of lot two of the northeast quarter of section five, township twenty-five of range one, but admitted that he was and had been for the last six years the owner of the…

2Cases cited2 opinions

  1. McMurray v. TaylorSupreme Court of Missouri · 1860
  2. Doebling v. LoosSupreme Court of Missouri · 1869

3Cited by6 opinions

  1. Greer v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
  2. McCormack Harvesting Machine Co. v. BlairMissouri Court of Appeals · 1910
  3. Big Four Implement Co. v. ChesneyMissouri Court of Appeals · 1920
  4. Scheer v. BrooksSupreme Court of Missouri · 1933
  5. Wooldridge v. HopkinsMissouri Court of Appeals · 1926

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