Benn v. Pritchett
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Hon. Reuben F. Roy, Judge. (1) There was no contract between William H. Pritchett and Mary E. Pritchett and A. J. Geary for the conveyance of the land in controversy to A. J. Geary. No consideration ever passed from the said Geary to the said Pritchetts, for the making of said deed. The deed was therefore void, and conveyed no interest of the Pritchetts to the said Geary.
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Appeal from Pike Circuit Court. — Hon. Reuben F. Roy, Judge. (1) There was no contract between William H. Pritchett and Mary E. Pritchett and A. J. Geary for the conveyance of the land in controversy to A. J. Geary. No consideration ever passed from the said Geary to the said Pritchetts, for the making of said deed. The deed was therefore void, and conveyed no interest of the Pritchetts to the said Geary. Of this fact the respondents had due notice, and are not innocent purchasers. (2) In disregarding and overruling the finding of facts made by the jury in this case, the court committed…
1Opinion of the CourtMaeshall, J.
This is a proceeding in equity to cancel a deed, dated December 16, 1895, from Andrew J. Geary to Mary E. and William H. Pritchett, to certain lands in Pike county, Missouri, recorded on December 21, 1897, in book 112 at page 501, of the record of deeds in said county.
The trial disclosed these facts: In 1880 Corben Benn conveyed, by warranty deed, 160 acres of land in township 55 to “Mary E. Pritchett and her bodily heirs.” Mrs. Pritchett, is the daughter of said Corben Benn, is the wife of William H. Pritchett, and is one of the defendants in this action. She had then two children, Elizabeth…
2Cases cited9 opinions
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