Legal Opinion

Chapman v. Callahan

Supreme Court of Missouri

Decided October 15, 1877PublishedCited by 6 opinions

Error to Jackson Circuit Court. — IIon. Samuel L. Sawyer, Judge. This was a suit'brought by Chapman as administrator of Samuel W, Nutter, deceased, against Lizzie A. Callahan, a sister of the deceased, and James M. Callahan, her husband, to enforce a vendor’s lien against a tract of land in Lafayette county. The case was taken by change of venue from Lafayette to Jackson county.

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Error to Jackson Circuit Court. — IIon. Samuel L. Sawyer, Judge. This was a suit'brought by Chapman as administrator of Samuel W, Nutter, deceased, against Lizzie A. Callahan, a sister of the deceased, and James M. Callahan, her husband, to enforce a vendor’s lien against a tract of land in Lafayette county. The case was taken by change of venue from Lafayette to Jackson county. The petition alleged that the-land had been conveyed by plaintiff’s intestate to Mrs. Callahan for the sum of $13,000, and that although the deed acknowledged receipt of the money, yet, in point of fact, no part of it…

1Opinion of the CourtHenry, J.

— In allowing Hall and Jordan to be made parties defendant, the court committed no error. Two hundred of the six hundred acres of land, against which plaintiff is seeking to enforce a vendor’s lien, had, by him as administrator of the vendor’s estate, been sold and conveyed to Hall and Jordan, who were in possession thereof under that conveyance. Whether the title which they acquired by purchase from the administrator be good or bad, they had a sufficient estate in the land to be materially interested in the result of the suit, such an interest as warranted the court in permitting them to…

2Cases cited2 opinions

  1. Capital Bank v. ArmstrongSupreme Court of Missouri · 1876
  2. Harwood v. KnapperSupreme Court of Missouri · 1872

3Cited by6 opinions

  1. Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
  2. Weil v. PostenSupreme Court of Missouri · 1883
  3. State ex rel. Frost v. CreusbauerSupreme Court of Missouri · 1878
  4. Nugent v. CurranSupreme Court of Missouri · 1883
  5. Oglesby v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1899

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