Clay v. Mayer
Supreme Court of Missouri
Error to DeKalb Circuit Court. — Hon. A. D. Burnes, Judge. (1) Plaintiff is not entitled to' specific performance. There is nothing to specifically perform. There is no suggestion that the land was Mrs. Mayer’s separate property. Even her contract to convey could not he specifically enforced.
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Error to DeKalb Circuit Court. — Hon. A. D. Burnes, Judge. (1) Plaintiff is not entitled to' specific performance. There is nothing to specifically perform. There is no suggestion that the land was Mrs. Mayer’s separate property. Even her contract to convey could not he specifically enforced. Gwinn v. Smurr, 101 Mo. 550; Rush v. Brown, 101 Mo. 586; State v. Clay, 100 Mo. 571; Craig v. Van Bebber, 100 Mo. 584; McReynolds v. Grubb, 150 Mo. 362. (2) Plaintiff is not entitled to an accounting since she was not in possession. Clay v. Mayr, 144 Mo. 380. (3) There is no prayer for a money judgment…
1Opinion of the CourtMarshall, J.
The plaintiff brings this case to this court by a writ of error, and asks a review of the judgment of the circuit court, sustaining a demurrer to her petition, she having refused to plead over.
The petition is as follows: “Plaintiff for cause of action and bill in equity states that the defendants are *152husband and wife and were so at all times hereinafter mentioned.
“That on the twenty-seventh day of January, 1894, the defendants were the owners and in the possession of the following described tracts or parcels of land situate in DeKalb county, Missouri. (Here follows description of the land…
2Cases cited8 opinions
- Craig v. Van BebberSupreme Court of Missouri · 1890
- Brown v. DresslerSupreme Court of Missouri · 1894
- State v. ClaySupreme Court of Missouri · 1890
- Clay v. MayrSupreme Court of Missouri · 1898
- Rush v. BrownSupreme Court of Missouri · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Haguewood v. BritainSupreme Court of Missouri · 1917
- Harvey v. LongSupreme Court of Missouri · 1914
- Smelser v. MeierSupreme Court of Missouri · 1917
- Davis v. FalorSupreme Court of Missouri · 1940
- Waller v. GeorgeSupreme Court of Missouri · 1929