Webb v. Toms
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. M. Gr. McGrREGOB, Judge. The answer of defendant Teel admitting plaintiff’s ownership of property in controversy, and setting up art equitable defence, converted the case wholly into an equitable proceeding, and the case was tried upon that the ory in the court below. Hodges v. Black, 76 Mo. 537. The judgment of the 'court below, in favor of the plaintiff for the south half of lot fifty-seven, was entirely unsupported by the evidence.
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Appeal from Jasper Circuit Court. — Hon. M. Gr. McGrREGOB, Judge. The answer of defendant Teel admitting plaintiff’s ownership of property in controversy, and setting up art equitable defence, converted the case wholly into an equitable proceeding, and the case was tried upon that the ory in the court below. Hodges v. Black, 76 Mo. 537. The judgment of the 'court below, in favor of the plaintiff for the south half of lot fifty-seven, was entirely unsupported by the evidence. When there has been part performance of a parol contract for the sale of land, and the purchaser has been let into…
1Opinion of the CourtBlack, J.
— This was ejectment for lot fifty-seven in Webb City. The defendant, Teel, answered that plaintiff made an agreement with Amanda Toms, whereby, in consideration of fifty dollars to be paid by her, and that she would take possession of the lot and build a house thereon, he would convey the same to her ; that she performed all these agreements on her part; and that defendant has acquired her interest in the lot. There was also a prayer for affirmative relief.
The proof shows that the plaintiff agreed to give Mrs. Toms the lot in consideration that she would build a house upon it, which she did…
2Cited by3 opinions
- Sisk v. MolinaroSupreme Court of Missouri · 1964
- Simmons v. HeadleeSupreme Court of Missouri · 1887
- Thacker v. CourtneySupreme Court of Missouri · 1957