Walker v. Owens
Missouri Court of Appeals
Appeal from Clay Circuit Court, Hon. John T. Chandler, Special Judge. The case is sufficiently stated in the opinion of the court. I. The amended petition alleges a separate estate in the property in respondent. The deed from Letton and wife to her shows that whatever interest she had was ordinary estate. At the date, therefore, of the alleged sale to Owens, she could have no agent as to the property. She could only bind it by an instrument under seal, duly acknowledged.
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Appeal from Clay Circuit Court, Hon. John T. Chandler, Special Judge. The case is sufficiently stated in the opinion of the court. I. The amended petition alleges a separate estate in the property in respondent. The deed from Letton and wife to her shows that whatever interest she had was ordinary estate. At the date, therefore, of the alleged sale to Owens, she could have no agent as to the property. She could only bind it by an instrument under seal, duly acknowledged. Rev. Stat. 1879, sects. 669, 670; Wilcox v. Todd, 64 Mo. 390, par. 5; Huff v. Price, 50 Mo. 229, par. 7; Ball v. Callahan,…
1Opinion of the CourtPhilips, P. J.
This case was passed upon by the supreme court, on aqipeal from a former trial, and is-reported in 79 Mo. 563. The cause having been remanded, it was re-tried on the same issues. The evidence, in every material particular, was. the same on the last as the first trial, with the single exception that the one dollar, assumed, in the opinion, to have been paid by defendant- on the purchase money, was not so intended. Yerdict and judgment for plaintiff, from which defendant prosecutes this appeal.
I. Every important and controlling question of law involved in this case, was considered and…
2Cases cited7 opinions
- Walker v. OwenSupreme Court of Missouri · 1883
- Hipsley v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
- Melton v. SmithSupreme Court of Missouri · 1877
- Johnson v. Barnes & Morrison Building Co.Missouri Court of Appeals · 1886
- Shockley v. FischerMissouri Court of Appeals · 1886
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3Cited by2 opinions
- O'Donnell v. MathewsMissouri Court of Appeals · 1926
- Dermott v. PriddyMissouri Court of Appeals · 1903