Legal Opinion

Dunaway v. Day

Supreme Court of Missouri

Decided June 11, 1901PublishedCited by 5 opinions

Appeal from St. Erancois Circuit Court. — Hon. Jas. D. Fox, Judge. (1) The written instrument upon which the case is based is a deed and not an option. Russ y. Goff, 94 Mo. 511; Ellis v. Kyger, 90 Mo. 600; Eord v. Unity Church, 120 Mo. 498; Doman v. Intelligencer Co., 70 Mo. 168; Allen v. Kennedy, 91 Mo. 328; Eoote v. Clark, 102 Mo. 404. (2) The' failure to pay the purchase money at the time specified did not defeat the title.

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Appeal from St. Erancois Circuit Court. — Hon. Jas. D. Fox, Judge. (1) The written instrument upon which the case is based is a deed and not an option. Russ y. Goff, 94 Mo. 511; Ellis v. Kyger, 90 Mo. 600; Eord v. Unity Church, 120 Mo. 498; Doman v. Intelligencer Co., 70 Mo. 168; Allen v. Kennedy, 91 Mo. 328; Eoote v. Clark, 102 Mo. 404. (2) The' failure to pay the purchase money at the time specified did not defeat the title. Knight v. Railroad, 70 Mo. 231; Messersmith v. Messersmith, 22 Mo. 372; Towne v. Bowers, 81 Mo. 497; Weinreich v. Weinreich, 18 Mo. App. 370; Melton v. Smith, 65 Mo.…

1Opinion of the CourtGantt, J.

This is a suit in equity to remove a cloud upon the title to certain lands in St. Erancois county, Missouri, and was returnable to the May term, 1898, of the circuit court of said county. The petition alleged that on July 22, 1897, the said lands belonged to the defendants other than the St. Joseph Lead Company; that said defendants other than the St. Joseph Lead Company sold and conveyed said lands to the American Mineral. Company, a corporation, which deed was duly recorded in St. Erancois county; that thereafter, to-wit, on fourth day of December, 1897, said American Mineral Company…

2Cases cited3 opinions

  1. State v. MullinsSupreme Court of Missouri · 1890
  2. Hollmann v. ConlonSupreme Court of Missouri · 1898
  3. Hannibal & St. Joseph Railroad v. FroweinSupreme Court of Missouri · 1901

3Cited by5 opinions

  1. Donovan v. BoeckSupreme Court of Missouri · 1909
  2. Lumaghi v. AbtMissouri Court of Appeals · 1907
  3. Lane v. NunnMissouri Court of Appeals · 1922
  4. Community of Priests of St. Basil v. ByrneCourt of Appeals of Texas · 1921
  5. Richardson v. DellSupreme Court of Missouri · 1912

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