Zoll v. Carnahan
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. N. M. Givan, Judge. (1) That part of the answer setting up title acquired from Embree’s heirs was inconsistent with the admission that Carnahan purchased of plaintiff, as administrator of Embree, so the motion to strike out should have prevailed.
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Appeal from Johnson Circuit Court. — Hon. N. M. Givan, Judge. (1) That part of the answer setting up title acquired from Embree’s heirs was inconsistent with the admission that Carnahan purchased of plaintiff, as administrator of Embree, so the motion to strike out should have prevailed. R. S., § 3523; Atterbury v. Powell, 29 Mo. 429: Nelson v. Brodhack, 44 Mo. 596. (2) The matter sought to be stricken out being inconsistent, the deed from Embree’s heirs to Carnahan in. support of this defense was inadmissible, because its effect was to contradict the fact admitted by the same answer, that…
1Opinion of the Court
Philips, C.
This is an action to enforce a vendor’s • lien on lots 1 and 2 of the northeast quarter of section 5, *38township 45, range 25, situated in Johnson county. The facts in the case are substantially as follows: One Tarlton Embree died intestate, seized of the equitable title to said land in 1862. His heirs acquired the legal title and by deed with covenants of warranty conveyed the land to one Thomas L. Carnahan, dated December 21st, 1866. On the' 12th day of January, 1867, said Carnahan conveyed the land by a like deed to Elizabeth Carnahan and Nancy Sharp, through whom the defendant,…
2Cases cited18 opinions
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- Hunter v. HunterSupreme Court of Missouri · 1872
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3Cited by15 opinions
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- Klotz v. . AngleNew York Court of Appeals · 1917
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