Hudson Bro's Commission Co. v. Glencoe Sand & Gravel Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. (1) Appellant paid $3,750 to respondent for its lease and to Martha A. Beard for her equity and as a part payment to respondent on its mortgage notes. Where there has been a partial payment of the purchase money, or the vendee has placed valuable improvements, the action of ejection does not lie. The vendor has other remedies.
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Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. (1) Appellant paid $3,750 to respondent for its lease and to Martha A. Beard for her equity and as a part payment to respondent on its mortgage notes. Where there has been a partial payment of the purchase money, or the vendee has placed valuable improvements, the action of ejection does not lie. The vendor has other remedies. Courtney v. Woodworth, 9 Kan. 443; Holcomb v. Dowell, 15 Kan. 379; Staley v. Murphy, 47 Ill. 263; Cythe v. La Fountain, 51 Barb. 186; Baker v. Railroad, 57 Mo. 268; Hubbard v. Railroad, 63 Mo. 68;…
1Opinion of the CourtMacfarlane, J.
This is an ejectment suit, instituted in the circuit court of St. Louis county, on the fourteenth day of November, 1893, by Hudson Brothers’ Commission Company, a corporation, Benjamin P. and Win. A. Hudson and A. D. Scott, against Glencoe Sand & Gravel Company, a corporation, John E.., Martha A. and Louis Beard, and afterward by change of venue taken to the circuit court of the city of St. Louis.
The petition, in the usual form, is to recover a tract of land in St. Louis county. The answer of defendants, the Beards, was a general denial, and an allegation that they were tenants of defendant…
2Cases cited11 opinions
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- Tuthill v. . MorrisNew York Court of Appeals · 1880
- Crain v. McGoonIllinois Supreme Court · 1877
- Thornton v. National Exchange BankSupreme Court of Missouri · 1879
- Philips v. BaileySupreme Court of Missouri · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Causey v. WilliamsMissouri Court of Appeals · 1965
- Ruppel v. Missouri Guarantee, Savings & Building Ass'nSupreme Court of Missouri · 1900
- Long v. Greene County Abstract & Loan Co.Supreme Court of Missouri · 1913
- Knollenberg v. NixonMissouri Court of Appeals · 1903
6 more not listed; retrieve them via the Exa API.