Williams v. Baker
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Wow. Henry G. Riley, Judge. STATEMENT. On March 2, 1897, E. Still and N. Gibson were the joint owners of the east half of the southwest quarter, section 21, township 17 north, of range 11 east, situated in Pemiscot county, Missouri.
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Appeal from Pemiscot Circuit Court. — Wow. Henry G. Riley, Judge. STATEMENT. On March 2, 1897, E. Still and N. Gibson were the joint owners of the east half of the southwest quarter, section 21, township 17 north, of range 11 east, situated in Pemiscot county, Missouri. On said date E. Still, representing himself as the sole owner of said land, sold the same to J. K. Baker, a resident of the State of Tennessee, for $240, and executed and delivered to him a warranty deed therefor. Baker paid $140 of the purchase price and gave Still his promissory note for the balance, $100, due twelve months…
1Opinion of the CourtBland, P. J.
1. By his purchase of the note and the assignment thereof to him, the plaintiff acquired the right to enforce the vendor’s lien against tíre land for the balance of the purchase money by a suit in his own name. But he, having purchased the note after its maturity, took it subject to every legal or equitable defense that it was subject to in the hands of the'payee. Kellogg v. Schnaake, 56 Mo. 136; Kelly v. Staed, 136 Mo. 436; Booher v. Allen, 153 Mo. l. c. 622-3; Gemmell v. Hueben, 71 Mo. App. 291.
The plaintiff contends, however, that he was induced to purchase the note on account of the…
2Cases cited8 opinions
- Brown v. WeldonSupreme Court of Missouri · 1889
- Kellogg v. SchnaakeSupreme Court of Missouri · 1874
- Kelly v. StaedSupreme Court of Missouri · 1896
- Miles v. WithersMissouri Court of Appeals · 1898
- Schoenberg v. LokerMissouri Court of Appeals · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Broderick v. AndrewsMissouri Court of Appeals · 1908