Revely v. Skinner
Supreme Court of Missouri
Error to Lewis Circuit Court. I. The assignments of the title bond were not put in issue by the answers, and it was therefore not necessary for the plaintiffs to prove them. A material allegation in a petition is put in issue only by a denial of the same, or by a denial of any knowledge or information of the matter alleged sufficient to form a belief. (See R. C. 1855, § 12, p. 1232.) The answers denied information; both knowledge and information must be denied. II.
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Error to Lewis Circuit Court. I. The assignments of the title bond were not put in issue by the answers, and it was therefore not necessary for the plaintiffs to prove them. A material allegation in a petition is put in issue only by a denial of the same, or by a denial of any knowledge or information of the matter alleged sufficient to form a belief. (See R. C. 1855, § 12, p. 1232.) The answers denied information; both knowledge and information must be denied. II. The averments of the answers were not sufficient to admit the evidence of Waterman, offered by the defendant. The answer raised…
1Opinion of the CourtBay, Judge
Plaintiff filed his petition for the specific execution of a contract relating to two lots of ground in the town of Lagrange, in the county of Lewis. The petition alleges that one Charles S. Skinner, since deceased, sold said lots to one Wilcox in July, 1846, for the consideration of twenty dollars, to be paid in plastering, and executed and delivered his title bond for the same, wherein he covenanted and agreed, upon the payment of the consideration, to make and deliver to said Wilcox a good and sufficient deed of conveyance for said lots, &c. That said Wilcox, for a good and valuable…
2Cases cited1 opinion
- Elton v. MarkhamNew York Supreme Court · 1855
3Cited by16 opinions
- Spotts v. SpottsSupreme Court of Missouri · 1932
- State v. BennettSupreme Court of Missouri · 1890
- Stolte v. LarkinCourt of Appeals for the Eighth Circuit · 1940
- Collins v. TrotterSupreme Court of Missouri · 1883
- Haden v. EavesNew Mexico Supreme Court · 1950
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