Freeland v. Mitchell
Supreme Court of Missouri
APPEAL from Platte Circuit Court. The Circuit Court erred in overruling the demurrer. — 1 Chitty’s Plead., 353-6 ; Johnson vs. Wygant, 11 Wend., 48 ; Champlin vs. Rowly, 13 Wend., 258 ; Cunningham and others vs. Morrell, 10 Johns.
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APPEAL from Platte Circuit Court. The Circuit Court erred in overruling the demurrer. — 1 Chitty’s Plead., 353-6 ; Johnson vs. Wygant, 11 Wend., 48 ; Champlin vs. Rowly, 13 Wend., 258 ; Cunningham and others vs. Morrell, 10 Johns. Rep., 203 ; Ibid., 258. The only question now presented for the consideration of this court, worthy of notice, is — was the delivery of the possession of the land mentioned in the contract upon which this writ is founded, a condition precedent to a right to recover upon the contract ? To show that it is not such a condition, a great many authorities might be…
1Opinion of the CourtNapton, J.
Mitchell, administrator of Thomas, brought an action of debt against the appellant, upon the following agreement: — “Article of Agreement, made and entered into this 20th of November, 1839, between Valentine Thomas of the one part, and John Freeland of the other part, and both of the county of Platte and State of Missouri: The said party of the first part has, on the date aforesaid, bargained and sold to the said party of the second part all his right, interest and claim to one quarter section of public lands, to include where the said Thomas now resides, and bounded as follows, to wit; [here…
2Cited by6 opinions
- Haydon v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Boulware v. CrohnMissouri Court of Appeals · 1907
- O'Neill v. WebbMissouri Court of Appeals · 1899
- Randolph v. FrickMissouri Court of Appeals · 1894
- Reynolds v. ReynoldsSupreme Court of Missouri · 1911
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