Legal Opinion

Kirkpatrick v. Pease

Supreme Court of Missouri

Decided March 28, 1907PublishedCited by 14 opinions

Appeal from Platte Circuit Court. — Row. A. B. Burnes, Judge. (1) The land in controversy accrued to Mrs. Pease by conveyance in the year 1894. It, therefore, became her separate legal estate, which she could, in her own name, without her husband joining her, engage to sell; and such engagement the courts will respect and enforce.

Read the full summary

Appeal from Platte Circuit Court. — Row. A. B. Burnes, Judge. (1) The land in controversy accrued to Mrs. Pease by conveyance in the year 1894. It, therefore, became her separate legal estate, which she could, in her own name, without her husband joining her, engage to sell; and such engagement the courts will respect and enforce. R. S. 1889, secs. 6864, 6869; Bank v. Hageluken, 165 Mo. 443. (2) It is not necessary that a contract for the sale of land should be evidenced by one writing, signed by both parties to it. It is sufficient .that the same is contained in several writings, signed by…

1Opinion of the CourtLamm, J.

Plaintiff lodged a bill in equity in the Platte Circuit Court to enforce specific performance of an alleged contract of purchase of 1.97 acres of land (more or less) being part of the southwest quarter of section 12, township 54, range 37, in Platte county, described in the bill with particularity in *477courses, distances and monuments. This parcel of land will hereinafter he referred to as “Tract A.” On a hearing, nisi, plaintiff’s amended hill was dismissed. Thereupon, he appeals to this court.

Attending to the pleadings, the amended bill proceeds on the theory that defendant Mary A. 0. Pease…

2Cases cited3 opinions

  1. Farmers Exchange Bank v. HagelukenSupreme Court of Missouri · 1901
  2. Peycke Bros. v. AhrensMissouri Court of Appeals · 1903
  3. Hawkins v. McGroartySupreme Court of Missouri · 1892

3Cited by14 opinions

  1. Hubbard v. SlavensSupreme Court of Missouri · 1909
  2. Riley v. O'KellySupreme Court of Missouri · 1913
  3. Riggs v. PriceSupreme Court of Missouri · 1919
  4. Hunt v. U.S. Fire Insurance Co. of N.Y.Missouri Court of Appeals · 1946
  5. Brook v. BarkerSupreme Court of Missouri · 1921

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API