Ellis v. Springfield-Southwestern Railway Co.
Missouri Court of Appeals
Appeal from Stone Circuit Court. — No». John T. Moore, Judge. The court should have sustained the defendant’s demurrer to the petition of the plaintiff. The petition showed, on its face, that the deed in which the condition sued on was incorporated, was the joint deed of Alfred Ellis and Oma Ellis and that one only of the two cove-nantees complained of the breach. 15 Enc. PI. and Pr., pp. 529, 530; Rainey v. Smizer, 28 Mo. 310; Thieman v. Goodnight, 17 Mo.
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Appeal from Stone Circuit Court. — No». John T. Moore, Judge. The court should have sustained the defendant’s demurrer to the petition of the plaintiff. The petition showed, on its face, that the deed in which the condition sued on was incorporated, was the joint deed of Alfred Ellis and Oma Ellis and that one only of the two cove-nantees complained of the breach. 15 Enc. PI. and Pr., pp. 529, 530; Rainey v. Smizer, 28 Mo. 310; Thieman v. Goodnight, 17 Mo. App. 430; Clark v. Cable, 21 Mo. 223; Ryan v. Riddle, 78 Mo. 521; Culver v. Smith, 82 Mo. App. 390; Dewey v. Carey, 60 M'o. 224; Ohnsorg…
1Opinion of the CourtBland, P. J.
Plaintiff owns a tract of land situated in Stone county, Missouri. Oh August 24, 1905, he and his wife, Oma Ellis, signed and acknowledged the following deed (omitting caption and signatures) :
“This indenture made on the twenty-fourth day of August, A. D. one thousand nine hundred and five, by and between Alfred Ellis and Oma Ellis, his wife, of Stone county, Missouri, party of the first part, and the Springfield, Southwestern Railway Company, a corporation organized under the laws of the State of Missouri, party of the second part:
*223“Witnesseth: That the said party of the first part in…
2Cases cited7 opinions
- Clark v. CableSupreme Court of Missouri · 1855
- Slaughter v. DavenportSupreme Court of Missouri · 1899
- Ryan v. RiddleSupreme Court of Missouri · 1883
- Thieman v. GoodnightMissouri Court of Appeals · 1885
- Ryland v. BanksSupreme Court of Missouri · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Justus v. WebbMissouri Court of Appeals · 1982
- Estate of Lenhardt v. LenhardtMissouri Court of Appeals · 1959