Davis v. Scovern
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The finding of the trial court is in direct conflict with the evidence. It conclusively shows that a written contract was entered into between S. W. Seovern and Abraham Fulkerson, Sr., as to the purchase of the land at the tax sale, and that Seovern in Ms lifetime fully complied -with, the terms of said written contract, and such being the case, plaintiffs are entitled to no relief in the premises.
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Appeal from Cole Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The finding of the trial court is in direct conflict with the evidence. It conclusively shows that a written contract was entered into between S. W. Seovern and Abraham Fulkerson, Sr., as to the purchase of the land at the tax sale, and that Seovern in Ms lifetime fully complied -with, the terms of said written contract, and such being the case, plaintiffs are entitled to no relief in the premises. A .written contract succeeds to a prior verbal one in reference to the same matter. Hager v. Hager, 71 Mo. 610; Pearson v.…
1Opinion of the CourtRobinson, J.
This is a suit in equity wherein plaintiffs seek to have defendants declared trustee of *306certain property therein described, held by them, for the use and benefit of plaintiffs, with a prayer that title be divested out of defendants and invested in and decreed now the property of plaintiffs, based upon the following petition filed March 2, 1892:
“The plaintiffs state that their mother, Flora A. Fulkerson, departed this life intestate on the fifth day of May, 1859, in Cole county, Missouri, owning all of in-lots in the city of Jefferson, in said county and state, numbered and known on the plat…
2Cited by4 opinions
- Pitts v. WeakleySupreme Court of Missouri · 1900
- Kennedy v. BowlingSupreme Court of Missouri · 1928
- Grath v. Mound City Roofing Tile Co.Missouri Court of Appeals · 1906
- McClure v. WilsonMissouri Court of Appeals · 1945