Patterson v. Patterson
Supreme Court of Missouri
Appeal from Greene Circuit Court . — Hon. James T. Neville, Judge. (1) The court erred in rendering judgment for defendant upon' the finding of facts as incorporated in the judgment. Upon the facts as found, the judgment should have been for plaintiff.
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Appeal from Greene Circuit Court . — Hon. James T. Neville, Judge. (1) The court erred in rendering judgment for defendant upon' the finding of facts as incorporated in the judgment. Upon the facts as found, the judgment should have been for plaintiff. (2) "When the finding of facts is incorporated in the judgment, then it becomes a part of the judgment, and if the conclusion of law is not warranted by the facts thus found this court will reverse and enter up the proper judgment, or reverse and remand the ease. Blount v. Spratt, 113 Mo. 48; Land Co. v. Bretz, 125 Mo. 422; Fitzpatrick v.…
1Opinion of the CourtValliant, J.
This is a suit in equity to compel defendant to re-convey to plaintiff certain land in Polk county, which it is alleged was conveyed by plaintiff to defendant in 1898 under the express agreement that it should be reconveyed to plaintiff on demand after his return from a then contemplated journey to Alaska, that the conveyance from plaintiff to defendant was without other consideration than the agreement to re-convey. The answer of defendant admits the conveyance to him, denies the alleged agreement to re-convey, pleads the Statute of Frauds, and pleads also that the conveyance was made by…
2Cases cited7 opinions
- Blount v. SprattSupreme Court of Missouri · 1892
- Gage v. GatesSupreme Court of Missouri · 1876
- South St. Joseph Land Co. v. BretzSupreme Court of Missouri · 1894
- State ex rel. Guinan v. JarrottSupreme Court of Missouri · 1904
- Leavitt v. TaylorSupreme Court of Missouri · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Friedel v. BaileySupreme Court of Missouri · 1931
- Egger v. EggerSupreme Court of Missouri · 1910
- Hubbard v. SlavensSupreme Court of Missouri · 1909
- Aulgur v. StrodtmanSupreme Court of Missouri · 1932
- Presbyterian Orphanage v. FitterlingSupreme Court of Missouri · 1938
16 more not listed; retrieve them via the Exa API.