Enlow v. Newland
Missouri Court of Appeals
Appeal from Schuyler Circuit Court, Hon. Andrew Ellison, Judge. The cqse and facts are stated in the opinion of the court. I. The contract was void at law, and the justice had no jurisdiction. Rev. Stat., sects. 2513, 2837; Lee v. Howe, 27 Mo. 521; Gupton v. Gupton, 47 Mo. 48; Ridgely v. Stillwell, 28 Mo. 400; Gruenewald v. Schaales, 17 Mo. App. 327; Bispham’s Eq. (2 Ed.) sects. 383, 388. II. Newland’s taking possession will not avail Enlow, even in equity.
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Appeal from Schuyler Circuit Court, Hon. Andrew Ellison, Judge. The cqse and facts are stated in the opinion of the court. I. The contract was void at law, and the justice had no jurisdiction. Rev. Stat., sects. 2513, 2837; Lee v. Howe, 27 Mo. 521; Gupton v. Gupton, 47 Mo. 48; Ridgely v. Stillwell, 28 Mo. 400; Gruenewald v. Schaales, 17 Mo. App. 327; Bispham’s Eq. (2 Ed.) sects. 383, 388. II. Newland’s taking possession will not avail Enlow, even in equity. Luckett v. Williamson, 37 Mo. 388; Bisp. Eq. (2 Ed.) sect. 385; Suggett v. Cason, 26 Mo. 221; Self v. Cordell, 45 Mo. 345 ; Winters v.…
1Opinion of the CourtPhilips, P. J.
This action was instituted in a justice’s court. The statement sets out, substantially, the *583following facts : The plaintiff having purchased of oneSchlegg certain described real estate at the agreed sunt of two hundred dollars, for the payment of which ho had executed to said Schlegg his several promissory notes, and was to receive a deed therefor, on payment of said purchase money, afterwards, by a verbal contract-with defendant, bargained the land to defendant. The-contract was that defendant should assume the payment of the plaintiff’s notes to Schlegg, and pay plaintiff a bonus of forty…
2Cases cited3 opinions
- Ridgley v. StillwellSupreme Court of Missouri · 1859
- Lee v. HoweSupreme Court of Missouri · 1858
- Gruenewald v. SchaalesMissouri Court of Appeals · 1885
3Cited by5 opinions
- Brownfield v. ThompsonMissouri Court of Appeals · 1902
- Sandige v. HillMissouri Court of Appeals · 1897
- Paddock-Hawley Iron Co. v. McDonaldMissouri Court of Appeals · 1895
- Pitman v. 16 To 1 Mining Co.Missouri Court of Appeals · 1899
- State ex rel. Conrad v. CottenMissouri Court of Appeals · 1909