Berry v. Hartzell
Supreme Court of Missouri
Appeal from, Bates Circuit Court. — Hon. J. B. Gantt, Judge. (1) Defendant went into possession of the land in controversy under parol contract of sale in October, 1878; made improvements, and paid out money for said Baskin, prior to Ms death. This was sufficient to take the case out of the statute of frauds. Adair n.
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Appeal from, Bates Circuit Court. — Hon. J. B. Gantt, Judge. (1) Defendant went into possession of the land in controversy under parol contract of sale in October, 1878; made improvements, and paid out money for said Baskin, prior to Ms death. This was sufficient to take the case out of the statute of frauds. Adair n. Adair. 78 Mo. 633 ; West ». Bundy, 78 Mo. 407, 410 ; Wood on Frauds, p. 826, sec. 488, and cas. cit.; Tatum v. Broolcs, 51 Mo. 148. (2) Defendant was in possession of the land, and the contract upon his part had been wholly performed before the death of Baskin. The statute of…
1Opinion of the CourtSherwood, J.
-The plaintiff brought suit for certain land in Bates county, claiming it as their homestead, under A. J. Baskin, the late husband of Mrs. Berry, and the father of the minor plaintiffs. The legal title was admitted to have been in Baskin, acquired by deed, in 1874, and he “farmed the land as a home.” The defence, set up in the answer, alleged a purchase of the land from Baskin in Ms lifetime, and a delivery’ of possession by Baskin, a payment by defendant of the purchase money in full, which was used by the deceased in buying another homestéad in Cass county, now occupied by plaintiff, and…
2Cases cited16 opinions
- Harriman v. StoweSupreme Court of Missouri · 1874
- Chouteau v. AllenSupreme Court of Missouri · 1879
- Johnson v. QuarlesSupreme Court of Missouri · 1870
- Ringo v. RichardsonSupreme Court of Missouri · 1873
- Ells v. Pacific RailroadSupreme Court of Missouri · 1873
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hickman v. GreenSupreme Court of Missouri · 1894
- Lins v. LenhardtSupreme Court of Missouri · 1895
- Allen v. LoganSupreme Court of Missouri · 1888
- Nowack v. BergerSupreme Court of Missouri · 1896
- Rogers v. WolfeSupreme Court of Missouri · 1890
14 more not listed; retrieve them via the Exa API.