Johnson v. Hurley
Supreme Court of Missouri
Appeal from Rail’s Circuit Cotirt. — Hon. Thomas H. Bacon, Judge. (1) The court should have sustained appellant’s objection to the introduction of the deeds in evidence as found on page 7 of the abstract. It is in effect admitted by the answer that the deed was forged; the answer counted on specific performance, which concedes that the deed was. never made by appellants.
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Appeal from Rail’s Circuit Cotirt. — Hon. Thomas H. Bacon, Judge. (1) The court should have sustained appellant’s objection to the introduction of the deeds in evidence as found on page 7 of the abstract. It is in effect admitted by the answer that the deed was forged; the answer counted on specific performance, which concedes that the deed was. never made by appellants. The forgery was an illegal act and did not bind the appellants. 1 Evans on Agency, 92. (2) It was error in the court to admit in evidence the letters of E. A. Johnson. The declaration of one who assumes to act as agent is not…
1Opinion of the CourtMaceablane, J.
The suit is ejectment to recover possession of the northwest quarter, section 5, township 53, range 7, in Ralls county. The answer set up an equitable defense to the effect that defendant had purchased the land from the duly authorized agent of the plaintiffs, had received from said agent deeds purporting to be duly executed and acknowledged by plaintiffs and purporting to convey to him said lands; that he had paid to said agent the entire purchase price for the land, to-wit, $1,650, its fair value, and had been put in possession under his said purchase; *518that he had in good faith fenced said…
2Cases cited4 opinions
- Emmel v. HayesSupreme Court of Missouri · 1890
- Rice v. GroffmannSupreme Court of Missouri · 1874
- Summerville v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876
- Bowles v. WathanSupreme Court of Missouri · 1873
3Cited by27 opinions
- Kilborn v. Prudential InsuranceSupreme Court of Minnesota · 1906
- Wynn v. McMahon Ford CompanyMissouri Court of Appeals · 1967
- Koewing v. Greene County Building & Loan Ass'nSupreme Court of Missouri · 1931
- Bennett v. Royal Union Mut. Life Ins. Co.Missouri Court of Appeals · 1938
- Noren v. American School of OsteopathyMissouri Court of Appeals · 1928
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