Tibeau v. Tibeau
Supreme Court of Missouri
Appeal from Si. Louis Circuit Court. This was an action commenced by Jerome Tibeau against Joseph Tibeau. The petition stated that the defendant, in 1835, conveyed to the plaintiff a tract of land in St. Louis county ; that the plaintiff, in 1839, deposited the deed for record in the ‘recorder’s office of said county ; that soon after-wards, it was agreed between plaintiff and defendant, that plaintiff should give defendant a mortgage on said land to secure the payment of…
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Appeal from Si. Louis Circuit Court. This was an action commenced by Jerome Tibeau against Joseph Tibeau. The petition stated that the defendant, in 1835, conveyed to the plaintiff a tract of land in St. Louis county ; that the plaintiff, in 1839, deposited the deed for record in the ‘recorder’s office of said county ; that soon after-wards, it was agreed between plaintiff and defendant, that plaintiff should give defendant a mortgage on said land to secure the payment of certain indebtedness, and that plaintiff authorized defendant to obtain the deed from the recorder’s office, in order that…
1Opinion of the CourtScott, Judge
The law was correctly stated by the plaintiff that the cancellation or destruction of a deed conveying land will not revest the title of the alienee in the alienor, although it may be done by mutual consent and with a view to that object. But we do not see how this principle affects the defendant. Admitting that the legal title was in the plaintiff, the pleadings and evidence in the cause show that the defendant relied on the defence that there was such a part performance of a parol agreement respecting the sale of the land in controversy, as will entitle him to a judgment in this aetion. Law…
2Cited by12 opinions
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