In re Ferguson's Estate
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.—Hon. Daniel Dillon, Judge. (1) Courts of equity will not decree specific performance when the decree would do injustice, and, generally, not in any case where it would be inequitable under all the circumstances. 2 Story’s Eq., secs. 769 and 770; Vethv.
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Appeal from St. Louis City Circuit Court.—Hon. Daniel Dillon, Judge. (1) Courts of equity will not decree specific performance when the decree would do injustice, and, generally, not in any case where it would be inequitable under all the circumstances. 2 Story’s Eq., secs. 769 and 770; Vethv. Gierth, 92 Mo. 104. (2) When the purchaser has paid a substantial portion of the purchase money equity will treat him as the owner of the land, and, unless he has been guilty of gross laches, if the delay in the payment of the balance of the purchase money can be compensated in damages, will decree a…
1Opinion of the CourtMacfablane, J.
This proceeding was commenced in the probate court of the city of St. Louis, at the June term, 1891, against the estate of William F. Ferguson, deceased, upon the petition of Edward C. Dameron, as assignee, to enforce the specific performance of a contract for the conveyance of real estate by deceased to one William C. Jamison. For a full understanding of the questions of law involved the contract is given in full, and is as follows:
“Whereas, Jesse Gr. Lindell, by his last will and testament, dated January 18, 1858, and probated in the St. Louis probate court, February 9, 1858, and recorded…
2Cases cited7 opinions
- Mastin v. GrimesSupreme Court of Missouri · 1885
- Mitchell v. LadewSupreme Court of Missouri · 1865
- Bliss v. PrichardSupreme Court of Missouri · 1877
- Baumgartner v. GuessfeldSupreme Court of Missouri · 1866
- Hurck v. ErskineSupreme Court of Missouri · 1870
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3Cited by9 opinions
- Suhre v. BuschSupreme Court of Missouri · 1938
- Shelton v. HarrisonMissouri Court of Appeals · 1914
- Hynds v. HyndsSupreme Court of Missouri · 1913
- Shinkle v. VickerySupreme Court of Missouri · 1900
- Hynds v. HyndsSupreme Court of Missouri · 1918
4 more not listed; retrieve them via the Exa API.