Mitchell v. McMullen
Supreme Court of Missouri
Appeal from Chariton Court of. Common Pleas. I. The evidence and finding of the court both showing two-ninths of the title to be outstanding, and the plaintiff insolvent, the contract should have been rescinded. When the legal title cannot be conveyed and the vendee must resort to a court of equity to establish his title, notwithstanding the conveyance of all the rights of the vendor the court will not compel him to pay the purchase money.
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Appeal from Chariton Court of. Common Pleas. I. The evidence and finding of the court both showing two-ninths of the title to be outstanding, and the plaintiff insolvent, the contract should have been rescinded. When the legal title cannot be conveyed and the vendee must resort to a court of equity to establish his title, notwithstanding the conveyance of all the rights of the vendor the court will not compel him to pay the purchase money. (Hill, on Yend., [2 Ed.] p. 244; Bank, &c. vs. Hagner, 1 Pet., 455.) The vendee cannot be compelled to take a doubtful title; and a title is doubtful when…
1Opinion of the CourtNapton, Judge
The action in this case was upon a note for $750, which was in part consideration of a sale and conveyance of certain lots in the city of Brunswick, in the county of Chariton.
The defense was, first, that the vendor fraudulently misrepresented the exact exterior lines of the lots, by stating that they were marked by the fences around them, which was untrue; and that the defendant was damaged by such false representations' to the amount of $1000; and, second, that the plaintiff represented to the defendant that he had a good title, when the title was in the heirs of his wife, then dead; and…
2Cases cited4 opinions
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Cooley v. RankinSupreme Court of Missouri · 1848
- McCandless v. MooreSupreme Court of Missouri · 1872
- Administrators of Barton v. RectorSupreme Court of Missouri · 1842
3Cited by10 opinions
- Allison v. CrummeySupreme Court of Oklahoma · 1916
- Carter v. ButlerSupreme Court of Missouri · 1915
- Key v. JenningsSupreme Court of Missouri · 1877
- Pulliam v. BurlingameSupreme Court of Missouri · 1883
- Matheny v. MasonSupreme Court of Missouri · 1881
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