McFarland v. Carver
Supreme Court of Missouri
jError to Marion Circuit Court. McFarland sued Carver upon promissory notes, and for the foreclosure of a mortgage given to secure them. On the 24th day of October, 1856, McFarland sold to Carver the lands mentioned in the petition for $7,000; Carver paid $5,000 cash, and gave his two notes, of $1,000 each, for the balance.
Read the full summary
jError to Marion Circuit Court. McFarland sued Carver upon promissory notes, and for the foreclosure of a mortgage given to secure them. On the 24th day of October, 1856, McFarland sold to Carver the lands mentioned in the petition for $7,000; Carver paid $5,000 cash, and gave his two notes, of $1,000 each, for the balance. For defence, and by way of counter-claim, Carver set up in his answer, that “ plaintiff, well knowing that about one hundred and twenty acres of said land had, prior to said sale, been overflowed by the waters of the Mississippi river, falsely and fraudulently represented…
1Opinion of the CourtBates, Judge
There is no ground for reversing this case. The instructions given required the jury to find for the defendant if the plaintiff misrepresented to the defendant, or concealed from him, the true condition of the land sold ; or used any artifice to mislead the defendant as to its condition. This put the case as favorably for the defendant as the law required, and the other instructions did not weaken the effect of those first mentioned. Without repeating them all, it is sufficient to say, that, taken together, they presented the case to the jury very fairly.
The motion for a continuance is not…
2Cited by7 opinions
- Judd v. WalkerSupreme Court of Missouri · 1908
- Wannell v. KemSupreme Court of Missouri · 1874
- Langdon v. GreenSupreme Court of Missouri · 1872
- Judd v. WalkerMissouri Court of Appeals · 1905
- Key v. JenningsSupreme Court of Missouri · 1877
2 more not listed; retrieve them via the Exa API.