Ford v. Delph
Missouri Court of Appeals
Appeal from Cape Girardeau Court of Common Pleas.— Eon. John A. Snider, Judge. (1) This was a sale in gross and not a sale by the acre. Wood v. Murphy, 47 Mo. App. 539; 1 Story’s Equity Jurisprudence (11 Ed.), section 144, page 151; 7 Words and Phrases, page 6308; 39 Cyc., pages 1311-1315. (2) In cases of this kind equity requires proof that is clear, convincing and beyond reasonable controversy. The plaintiffs have not made such proof.
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Appeal from Cape Girardeau Court of Common Pleas.— Eon. John A. Snider, Judge. (1) This was a sale in gross and not a sale by the acre. Wood v. Murphy, 47 Mo. App. 539; 1 Story’s Equity Jurisprudence (11 Ed.), section 144, page 151; 7 Words and Phrases, page 6308; 39 Cyc., pages 1311-1315. (2) In cases of this kind equity requires proof that is clear, convincing and beyond reasonable controversy. The plaintiffs have not made such proof. Brown, v. Gwin, 197 Mo. 506; Griffin v. Miller, 188 Mo. 334; Parker v. V'anhoozer, 142 Mo. 627; Bartlett v. Brown, 121 Mo. 362; 16 Cyc. 70; 17 Cyc. 775, 704,…
1Opinion of the Court
Plaintiffs and defendant owned adjoining farms in Cape Girardeau County, Missouri. Following an oral agreement made in January, 1915, the plaintiffs on March 3, 1915, by general warranty deed, for a consideration of $9792, conveyed to defendant a part of their farm, describing it as containing 122.40 acres situated in certain numbered sections, and then definitely by certain metes and bounds. The description and acreage was obtained after a survey caused to be made by plaintiffs. Several months after the trade was made, plaintiffs caused other computations of the acreage within the lines of…
2Cases cited4 opinions
- Western Mining & Manufacturing Co. v. Peytona Cannel Coal Co.West Virginia Supreme Court · 1875
- Wood v. MurphyMissouri Court of Appeals · 1892
- Engel v. PowellMissouri Court of Appeals · 1911
- Hausmann v. AdamsMissouri Court of Appeals · 1896
3Cited by1 opinion
- Clippard v. KneibertMissouri Court of Appeals · 1920