Luckett v. Williamson
Supreme Court of Missouri
Appeal from the St. Louis Land Court. This was a suit to enforce the specific performance of a contract for the sale of a tract of land in St. Charles county.
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Appeal from the St. Louis Land Court. This was a suit to enforce the specific performance of a contract for the sale of a tract of land in St. Charles county. The petition stated that on October 6th, 1867, he sold to the defendant a tract of land in the Portage des Sioux common fields, part of lots 122, 123,124,125, and 126, and then describing the same by courses and distances, and containing 159 44-100 acres ; that by the terms of sale, $2,500 were to be paid in cash, $2,500 on October 1, 1858, and'$2,500 on October 1, 1859, the deferred payments to bear interest from October 6, 1857 ; that…
1Opinion of the CourtWagner, Judge
When this case was before this court on a previous occasion, (31 Mo. 54,) it was decided that an agreement to convey land by general warranty, amounted to an engagement that the party so conveying has or will have an indefeasible title. That a vendor cannot have a specific performance of a contract without showing that he has a good title to the land he has bargained to sell. The objection that formerly arose seems to have been obviated, and a good title was tendered at the last trial. And a specific performance will be decreed, though the title was not perfect when the bill was filed, if it…
2Cases cited8 opinions
- Brown v. Haff & LyonNew York Court of Chancery · 1835
- Clute v. RobinsonNew York Supreme Court · 1807
- McGowen v. WestSupreme Court of Missouri · 1842
- In re HunterNew York Court of Chancery · 1831
- Farrar v. PattonSupreme Court of Missouri · 1854
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Walker v. OwenSupreme Court of Missouri · 1883
- Tewksbury v. HowardIndiana Supreme Court · 1894
- Stevenson v. PolkSupreme Court of Iowa · 1887
- Wilkinson v. VaughnSupreme Court of Missouri · 1967
- Harvey v. MorrisSupreme Court of Missouri · 1876
7 more not listed; retrieve them via the Exa API.