Smock v. Smock
Missouri Court of Appeals
Appeal from the Nodaway Circuit Court. — How. C. A. Anthony, Judge.' (1) The court erred in refusing instruction number 1, asked by the defendant, (a) Plaintiff in trover, through a verbal contract made in 1885, claims right of property in the fruit on the trees grown in 1887 on defendant’s orchard. This fruit being fructus naturalis the contract was for the conveyance of an interest in land, and to have been effectual must have been in writing and under seal.
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Appeal from the Nodaway Circuit Court. — How. C. A. Anthony, Judge.' (1) The court erred in refusing instruction number 1, asked by the defendant, (a) Plaintiff in trover, through a verbal contract made in 1885, claims right of property in the fruit on the trees grown in 1887 on defendant’s orchard. This fruit being fructus naturalis the contract was for the conveyance of an interest in land, and to have been effectual must have been in writing and under seal. R. S. Mo., sec. 674; Deland v. Vanstone, 26 Mo. App. 297; Andrews v. Costiean, 30 Mo. App. 29. (5) The evidence did not sustain the…
1Opinion of the CourtSmith, P. J.
This is an action commenced by the plaintiff against defendant, in the circuit court of Nod-away county, to recover damages arising out of the breach of a contract.
The petition stated that the plaintiff had given to defendant his note for fifteen hundred dollars, due twenty years after date, in consideration of which defendant had executed to plaintiff a title bond conditioned, that on the payment of the note, that defendant would convey to plaintiff a certain tract of land ; that defendant put plaintiff in possession of the land, and, while so in possession, that defendant proposed to…
2Cases cited12 opinions
- Garth v. CaldwellSupreme Court of Missouri · 1880
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Suggett's Administrator v. Cason's AdministratorSupreme Court of Missouri · 1858
- Winters v. CherrySupreme Court of Missouri · 1883
- Davis v. McFarlaneCalifornia Supreme Court · 1869
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Blue Valley Creamery Co. v. Consolidated Products Co.Court of Appeals for the Eighth Circuit · 1936
- Swafford v. SprattMissouri Court of Appeals · 1902
- Chenoweth v. Pacific Express Co.Missouri Court of Appeals · 1902
- Summerlin v. Orange Shores, Inc.Supreme Court of Florida · 1929
- Simmons v. WillifordSupreme Court of Florida · 1910
12 more not listed; retrieve them via the Exa API.