Hubbard v. Hubbard
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) In order to take a ease out of the statute of frauds upon the ground of part performance of a parol contract, it is not only indispensable that the acts done should be clear and definite and inferable exclusively to the contract, but the contract should also be established by competent proofs to be clear, definite and unequivocal in all its terms. 1 Story, Eq.
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Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) In order to take a ease out of the statute of frauds upon the ground of part performance of a parol contract, it is not only indispensable that the acts done should be clear and definite and inferable exclusively to the contract, but the contract should also be established by competent proofs to be clear, definite and unequivocal in all its terms. 1 Story, Eq. Jur. [12 Ed.], sec. 764; Berry v. Rartsell, 91 Mo. 137; Rogers v. Wolfe, 104 Mo. 2; Brownlee v. Fenwick, 103 Mo. 421; Anderson v. Scott, 94 Mo. 637; Underwood v. II).,…
1Opinion of the CourtMacfarlane, J.
The suit is ejectment to recover eighty acres of land in Audrain county. Defendant by way of equitable defense alleges that she is the widow of Edgar Hubbard deceased, who was - a son of plaintiff. That her husband died July 8, 1894, leaving *302her, his widow, and one child surviving him; that subsequent to his death in August, 1894, there was born of her marriage with said deceased another child, of both of whom she is guardian and curator.
She further alleges that the land formeiiy belonged to plaintiff, who, in 1887, put her and her husband in possession thereof, under a verbal agreement to…
2Cases cited2 opinions
- Rogers v. WolfeSupreme Court of Missouri · 1890
- Dozier v. MatsonSupreme Court of Missouri · 1887
3Cited by8 opinions
- Mizell v. OsmonSupreme Court of Missouri · 1945
- Heller v. JentzschSupreme Court of Missouri · 1924
- Schwindt v. SchwindtSupreme Court of Kansas · 1900
- Keen v. DismukeMissouri Court of Appeals · 1985
- Warfield v. HumeMissouri Court of Appeals · 1902
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