Rabsuhl v. Lack
Supreme Court of Missouri
Appeal from Franklin Circuit Court. Respondent instituted this suit to recover a sum of money, alleging in his petition that he was indebted to appellant in two sums of money, secured by deed of trust upon certain real estate, and upon which property also a mechanic’s lien existed, the whole amount of indebtedness being about $2,000. That being about to remove from Franklin county, where he then resided, to another locality for greater convenience, should a sale be effected,…
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Appeal from Franklin Circuit Court. Respondent instituted this suit to recover a sum of money, alleging in his petition that he was indebted to appellant in two sums of money, secured by deed of trust upon certain real estate, and upon which property also a mechanic’s lien existed, the whole amount of indebtedness being about $2,000. That being about to remove from Franklin county, where he then resided, to another locality for greater convenience, should a sale be effected, he agreed with appellant that respondent and wife would make to him an absolute deed, upon the condition that appellant…
1Opinion of the CourtBates, Judge
The plaintiff alleges that lie was indebted to the defendant and conveyed to the defendant a house and lot in the town of Washington, upon the agreement that the defendant should finish the house which was then not quite finished, and sell the house and lot, and of the proceeds of the sale should pay himself his debt and pay the surplus to the plaintiff; that the defendant had sold the .house and lot for a sum which paid his debt and left a surplus, and prays judgment for the surplus. The defendant denies that the consideration of the conveyance to him was as alleged by the plaintiff; but…
2Cited by12 opinions
- Springer v. KleinsorgeSupreme Court of Missouri · 1884
- Harrington v. Kansas City Cable Railway Co.Missouri Court of Appeals · 1895
- Hurt v. FordSupreme Court of Missouri · 1898
- McConnell v. BraynerSupreme Court of Missouri · 1876
- Graff v. FosterSupreme Court of Missouri · 1878
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