Legal Opinion

Hickman v. Hickman

Missouri Court of Appeals

Decided December 4, 1893PublishedCited by 7 opinions

Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. This defendant, in his amendment to his answer made to put in issue the new matter, introduced by the amendment into said ‘‘cross bill,” specifically called the attention of the court to the deed and to the fact that no recovery on the grounds stated in said amendment could be had under said deed. Defendants, Thomas and Richard Hickman, introduced in evidence their deed to this defendant for the land.

Read the full summary

Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. This defendant, in his amendment to his answer made to put in issue the new matter, introduced by the amendment into said ‘‘cross bill,” specifically called the attention of the court to the deed and to the fact that no recovery on the grounds stated in said amendment could be had under said deed. Defendants, Thomas and Richard Hickman, introduced in evidence their deed to this defendant for the land. This deed contained no such contract as that stated by John M. Hickman in his evidence, in relation to his codefendants…

1Opinion of the CourtEllison, J.

By reference to the statement in this cause it will be seen that defendant, John M. Hickman, purchased the lands described of his codefendants, Thomas and Richard; that Thomas and Richard executed to him a general warranty deed in fee simple for the premises in which deed the consideration is expressed to be “the sum of $6,850, to them in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged.” To support their cross bill, defendants, Thomas and Richard, were permitted to show that there was an additional consideration for the conveyance, not…

2Cases cited2 opinions

  1. Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
  2. Henderson v. Henderson's ExecutorsSupreme Court of Missouri · 1850

3Cited by7 opinions

  1. Winter ex rel. Smith v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1901
  2. Winter ex rel. Smith v. Kansas City Cable Railway Co.Missouri Court of Appeals · 1898
  3. Bellows v. PorterCourt of Appeals for the Eighth Circuit · 1953
  4. Culbertson v. YoungMissouri Court of Appeals · 1900
  5. Williams v. Kansas City Suburban Belt Railway Co.Missouri Court of Appeals · 1900

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API