Hampton v. McClanahan
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The proceedings of Hampton in the acquirement of this property were dishonest, inequitable and a fraud on the rights of defendant Sleeper, and for that reason the title should be divested out of plaintiff and vested in defendant. Baldwin v. Whitcomb, 71 Mo. 651, loe. cit. 659; Hodge v. Hubb, 94 Mo. 489, loc. cit. 553; 1 Story’s Eq. Jur. [2 Ed.] 252; Bresnehanv.
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Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The proceedings of Hampton in the acquirement of this property were dishonest, inequitable and a fraud on the rights of defendant Sleeper, and for that reason the title should be divested out of plaintiff and vested in defendant. Baldwin v. Whitcomb, 71 Mo. 651, loe. cit. 659; Hodge v. Hubb, 94 Mo. 489, loc. cit. 553; 1 Story’s Eq. Jur. [2 Ed.] 252; Bresnehanv. Price, 57 Mo. 422; Sanderson v. Voelcker, 51 Mo. App. 328. (2) The defendant having tendered and offered to pay all taxes discharged the State’s lien,'and hence all…
1Opinion of the CourtRobinson, J.
This proceeding was begun as a suit in ejectment by plaintiff against I. N. McClanahan and Sam Caldwell for certain lands in Greene county of this State. On motion Jacob Sleeper was made a party defendant, and filed his answer in connection with the defendant Caldwell, setting up an equitable-defense and asked affirmative equitable relief, thus converting the action into an equitable proceeding. The suit was then dismissed as' to the defendant McClanahan.
The defendant’s answer alleged that the defendant Jacob Sleeper has for many years been the owner of *503the forty acres of land in controversy,…
2Cases cited2 opinions
- Harness v. CravensSupreme Court of Missouri · 1894
- Hoge v. HubbSupreme Court of Missouri · 1887
3Cited by3 opinions
- Mangold v. BaconSupreme Court of Missouri · 1910
- Rottjakob v. LeachmanSupreme Court of Missouri · 1975
- Mangold v. BaconSupreme Court of Missouri · 1910