Emmel v. Hayes
Supreme Court of Missouri
Appeal from Qreene Cireuit Court. — Hon. Jas. R. Vaughn, Judge. (1) The court erred in not admitting evidence as to improvements made by defendant O’Callahan on the land sued for while in possession of the same, and after his settlement with Simmons, and payment by him of the purchase price to Simmons. See cases hereafter cited on the application of the statute of frauds to the parol contract between Simmons and Headlee.
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Appeal from Qreene Cireuit Court. — Hon. Jas. R. Vaughn, Judge. (1) The court erred in not admitting evidence as to improvements made by defendant O’Callahan on the land sued for while in possession of the same, and after his settlement with Simmons, and payment by him of the purchase price to Simmons. See cases hereafter cited on the application of the statute of frauds to the parol contract between Simmons and Headlee. ( 2) There was sufficient performance of the parol contract on the part of appellant, Thomas 0’Callahan, to take the case out of the statute of frauds. Simmons v. Headlee, 94…
1Opinion of the CourtSunn wood, J.
— An equitable proceeding to remove a cloud upon title caused by a deed of trust alleged to have been fraudulently made and for the recovery of the following described land: West half of northeast-quarter, section 36, township 31, range 21, and southeast quarter of northeast quarter, section 36, township-31, range 21, and the undivided one-half tract in northeast quarter of northeast quarter, section 36, township 31, range 21.
The answer was a general denial, etc., with a count for specific performance. The other issues raised by the pleadings will be found hereafter as submitted to, and…
2Cases cited16 opinions
- Ells v. Pacific RailroadSupreme Court of Missouri · 1873
- Miller v. . BallNew York Court of Appeals · 1876
- Meier v. ThiemanSupreme Court of Missouri · 1886
- Ring v. JamisonSupreme Court of Missouri · 1877
- Chapman v. DoughertySupreme Court of Missouri · 1885
11 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Jones v. LinderSupreme Court of Missouri · 1952
- Hill v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1893
- Johnson v. HurleySupreme Court of Missouri · 1893
- In Re Estate of LooneyMissouri Court of Appeals · 1998
- Rogers v. WolfeSupreme Court of Missouri · 1890
27 more not listed; retrieve them via the Exa API.