Mitchell v. Henley
Supreme Court of Missouri
Appeal from St. Clair Circuit Court. — Hon. D. P* Stbatton, Judge. (1) The amended petition making Clark B., Jacob J. and John F. Mitchell, children and heirs of William A. Mitchell, deceased, parties plaintiff was right, and should not have been stricken out. They were necessary parties to meet the issues made by the answer of: the defendant.
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Appeal from St. Clair Circuit Court. — Hon. D. P* Stbatton, Judge. (1) The amended petition making Clark B., Jacob J. and John F. Mitchell, children and heirs of William A. Mitchell, deceased, parties plaintiff was right, and should not have been stricken out. They were necessary parties to meet the issues made by the answer of: the defendant. E. S. 1889, sec. 2099; Butler v. Latvson, 72 Mo. 246. (2) The defendant having accepted the deed from Mead, and after the death of Mitchell having executed the contract in evidence, is estopped to deny that plaintiffs as the assignee of Mead had rights…
1Opinion of the CourtSherwood, P. J.
This equitable proceeding begun in March, 1886, seeks specific performance of the following contract:
“I, Thomas Henley, of St. Clair county and the state of Missouri, for and in consideration of $700 to me paid, do hereby agree and bind myself to make, *601execute aud deliver to William O. Mead a quitclaim deed in due form, for the undivided one-half of the northeast quarter of section 15, township 37, range 25, when the said Mead shall so request me to do so.
“Given under my hand and seal this seventeenth day of September, 1872.
“[Seal] Thomas Henley.”
On which contract was indorsed the following:
“I…
2Cases cited5 opinions
- Mathias v. O'NeillSupreme Court of Missouri · 1887
- McLaughlin v. McLaughlin's AdministratorSupreme Court of Missouri · 1852
- Larimore v. TylerSupreme Court of Missouri · 1886
- Fenton v. HamSupreme Court of Missouri · 1865
- Steadman v. HayesSupreme Court of Missouri · 1883
3Cited by1 opinion
- Maack v. SchneiderMissouri Court of Appeals · 1894