Smith v. Hutchinson
Supreme Court of Missouri
Jlppeal from Pettis County Circuit Court. I. In suit on- note for purchase price of land, failure of title in vendor is a proper defense. (Luckett vs. Williamson 31 Mo., 54; Pierce vs. Chouteau, 13 Mo., 526 ; 18 Mo., 369 ; 20 Mo., 433; 21 Mo., 415.) II. The word “ property” is a broad term, but is qualified by the testator. He tells particularly of what it consists, and enumerates as in an inventory every species of personal property but not real estate.
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Jlppeal from Pettis County Circuit Court. I. In suit on- note for purchase price of land, failure of title in vendor is a proper defense. (Luckett vs. Williamson 31 Mo., 54; Pierce vs. Chouteau, 13 Mo., 526 ; 18 Mo., 369 ; 20 Mo., 433; 21 Mo., 415.) II. The word “ property” is a broad term, but is qualified by the testator. He tells particularly of what it consists, and enumerates as in an inventory every species of personal property but not real estate. He could not have intended to convey after-acquired land. (Bowlin vs. Furman, 34 Mo., 39.) III. There are no facts in this case amounting to…
1Opinion of the CourtNapton, Judge
This action was on a note for $500, due May 15. 1870, and was commenced August 6,1870, in the Circuit Court of Moniteau county, but was finally tried in Pettis county, to which a change of venue was taken.
The note was the first of three notes given by the defendant Hutchinson for a tract of land in Moniteau comity, and the agreement in regard to the sale was dated in October, 1869. and was substantially as follows: The plaintiff, Eliz. Smith, in consideration of $2,000, to be paid by the defendant Hutchinson,'pursuant to his covenants, agrees that she will, on or before the 15th of October,…
2Cases cited1 opinion
- Smith v. BusbySupreme Court of Missouri · 1852
3Cited by10 opinions
- Nixon v. FranklinSupreme Court of Missouri · 1956
- Napton v. LeatonSupreme Court of Missouri · 1879
- Russell v. EubanksSupreme Court of Missouri · 1884
- Farish v. CookSupreme Court of Missouri · 1883
- Gregmoore Orchard Co. v. GilmourMissouri Court of Appeals · 1911
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