Craig v. Van Bebber
Supreme Court of Missouri
Appeal from, Linn Circuit Court.—Hon. Harry Larder, Special Judge. (1) The court erred in refusing the first declaration of law as asked by defendants. The disaffirmance of the conveyance should have been pleaded by the plaintiffs. Voorhies v. Voorhi.es, 24 Barb. 150. (2) Defendants’ second declaration of law should have been given as asked by them. Before plaintiffs could recover, defendants weré entitled to a return of the purchase money.
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Appeal from, Linn Circuit Court.—Hon. Harry Larder, Special Judge. (1) The court erred in refusing the first declaration of law as asked by defendants. The disaffirmance of the conveyance should have been pleaded by the plaintiffs. Voorhies v. Voorhi.es, 24 Barb. 150. (2) Defendants’ second declaration of law should have been given as asked by them. Before plaintiffs could recover, defendants weré entitled to a return of the purchase money. This is the well-settled law of this state. Baicer v. Kennett, 54 Mo. 82-88; Iiighley v. Barron, 49 Mo. 103; Kerr v. Bell, 44 Mo. 120. “There can be no…
1Opinion of the CourtBlack, J.
This is an action of ejectment for one hundred acres of land, commenced by Ella Craig and her husband, Daniel Craig, against Yan Bebber, Tully and Sprankle. The plaintiff Ella Craig inherited the land from her father, and she and her husband conveyed the same to Henderson Tabor by a deed dated the twenty-eighth of July, 1884, for the consideration of fourteen hundred and sixty-three dollars. Of this amount Tabor paid in cash three hundred and fifty dollars, and executed to them his four notes due in one, two, three and four *588years for the balance of the purchase price and secured the same by a…
2Cases cited14 opinions
- Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
- Green v. . GreenNew York Court of Appeals · 1877
- Price v. FurmanSupreme Court of Vermont · 1855
- Gilliland v. GillilandSupreme Court of Missouri · 1888
- Walsh v. YoungMassachusetts Supreme Judicial Court · 1872
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3Cited by50 opinions
- Smith v. . RyanNew York Court of Appeals · 1908
- Bullock v. SprowlsTexas Supreme Court · 1899
- Nelson v. BrowningSupreme Court of Missouri · 1965
- Union National Bank v. LyonsSupreme Court of Missouri · 1909
- American Freehold Land Mortgage Co. v. DykesSupreme Court of Alabama · 1895
45 more not listed; retrieve them via the Exa API.