Collier v. Gamble ex rel. McCabe
Supreme Court of Missouri
APPEAL from St. Louis Court of Common Pleas. 1. The demurrers to the pleas in the court below, were all wrong, and ought, every one of them, to have been overruled. 2. The receipted account current between Collier and Gamble was improper and irrelevant testimony, and ought to have been rejected. 11 3. The exclusion from the jury of the assignment of the covenants sued on, by Gamble to Mrs. Lawless’s trustee, was erroneous. 4. The instruction volunteered by the court tó the…
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APPEAL from St. Louis Court of Common Pleas. 1. The demurrers to the pleas in the court below, were all wrong, and ought, every one of them, to have been overruled. 2. The receipted account current between Collier and Gamble was improper and irrelevant testimony, and ought to have been rejected. 11 3. The exclusion from the jury of the assignment of the covenants sued on, by Gamble to Mrs. Lawless’s trustee, was erroneous. 4. The instruction volunteered by the court tó the jury was illegal and wrong. 5. The instruction moved by the defendant was legal and proper and ought to have been given.…
1Opinion of the CourtNapton, J.
This was an action of covenant brought by Gamble, to the use of Mc-Cabe, trustee of Virginia Lawless. The declaration assigned a breach *468of the covenant of seisin created by the words “grant, bargain and sell," in a deed from George Collier, the defendant, to Hamilton R. Gamble, the plaintiff, made on the 8th Nov., 1834, and conveying a tract of land in St. Louis, containing about twenty-four acres. Defendant pleaded, 1st, non est factum; 2nd, that defendant was seized of an indefeasible estate in fee simple, &c. at the time, &c.; 3rd, that the plaintiff had conveyed to one Mills, with…
2Cases cited2 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
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3Cited by12 opinions
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Chauvin v. Wagner & DorsettSupreme Court of Missouri · 1853
- Hazelett v. WoodruffSupreme Court of Missouri · 1899
- McAboy v. PackerSupreme Court of Missouri · 1945
- Chapman v. KimballNebraska Supreme Court · 1878
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