Price v. Hart
Supreme Court of Missouri
Appeal from Monroe Circuit Court. This was a suit commenced in the year 1855 by Miriam Price against the defendants as the heirs of Mrs. Mahala Collins. The facts of the case are briefly as follows: Mr. and Mrs. Collins, in 1853, sold certain lands belonging to Mrs. Collins to the- plaintiff Miriam Price. They executed a deed of conveyance dated February 24,1858, in favor of plaintiff; who was admitted immediately into possession. She gave her notes for the purchase money.
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Appeal from Monroe Circuit Court. This was a suit commenced in the year 1855 by Miriam Price against the defendants as the heirs of Mrs. Mahala Collins. The facts of the case are briefly as follows: Mr. and Mrs. Collins, in 1853, sold certain lands belonging to Mrs. Collins to the- plaintiff Miriam Price. They executed a deed of conveyance dated February 24,1858, in favor of plaintiff; who was admitted immediately into possession. She gave her notes for the purchase money. Mr. Collins soon after died. The deed executed by Mr. and Mrs. Collins was ineffectual by reason of a defective…
1Opinion of the CourtNaptoN, Judge
There are difficulties in allowing Mrs. Collins’ conversation with the plaintiff in 1854 to set up the deed, executed in 1853, as a sufficient memorandum in wilting within the statute of frauds. That deed, not having been acknowledged according to law, had no validity as a deed against Mrs. Collins, and, as a contract, could not bind her, as she was at the time of its execution feme covert. Although a nullity in the law, it had however a physical existence ; and as it contained a distinct account of the sale of the land, a minute description of the land itself and a specification of the terms…
2Cited by10 opinions
- Walker v. OwenSupreme Court of Missouri · 1883
- Johnson v. ReadingMissouri Court of Appeals · 1889
- Adair v. AdairSupreme Court of Missouri · 1883
- Simms v. HerveySupreme Court of Iowa · 1865
- Hardy v. . AbdallahSupreme Court of North Carolina · 1926
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