Rogers v. Wolfe
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — W. M. Robinson, Esq., Special Judge. (1) Where one in pursuance of, and on the faith ■of, an oral promise of the owner, that he shall have a ■deed for land, has changed his condition, entered into the possession of the land, made valuable and permanent improvements, incurred obligations, paid taxes, .and expended time, labor and money on account thereof, ■the case is taken out of the statute of frauds, and equity will compel a specific…
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Appeal from Jasper Circuit Court. — W. M. Robinson, Esq., Special Judge. (1) Where one in pursuance of, and on the faith ■of, an oral promise of the owner, that he shall have a ■deed for land, has changed his condition, entered into the possession of the land, made valuable and permanent improvements, incurred obligations, paid taxes, .and expended time, labor and money on account thereof, ■the case is taken out of the statute of frauds, and equity will compel a specific performance of such promise «gainst the heirs of the promisor. Sutton v. Ilaydon, •62 Mo. 101 ; West v. Bundy, 78 Mo. 407;…
1Opinion of the CourtBrags, J.
— This action is ejectment, to recover possession of lots 3 and 4 of the northeast quarter of section 4, in township 29, range 30, in Jasper county. The answer sets up an equitable defense. The plaintiffs are the'heirs at law of Eunice A. Wolfe, deceased, formerly Eunice A. Crum. The defendant was her husband when she died. She died seized of said land in f.ee. The defense set up in the answer is that, by a contract entered into in February, 1870, between the said Eunice A., who was then the widow of Edwin F. Crum, deceased, and the defendant, she agreed to execute a deed to him for the land…
2Cases cited11 opinions
- Phillips v. ThompsonNew York Court of Chancery · 1814
- Ells v. Pacific RailroadSupreme Court of Missouri · 1873
- Emmel v. HayesSupreme Court of Missouri · 1890
- Sitton v. ShippSupreme Court of Missouri · 1877
- Lessee of Morgan v. BurnetOhio Supreme Court · 1849
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Chandler v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
- Bates v. SylvesterSupreme Court of Missouri · 1907
- Kinney v. MurraySupreme Court of Missouri · 1902
- Asbury v. HicklinSupreme Court of Missouri · 1904
- Millar v. St. Louis Transit Co.Supreme Court of Missouri · 1909
21 more not listed; retrieve them via the Exa API.