Legal Opinion

Price's Heirs v. Evans

Supreme Court of Missouri

Decided October 15, 1857PublishedCited by 5 opinions

Appeal from, St. Louis Circuit Court. This was a bill in chancery filed in the year 1845 by Ris-don H. Price against Augustus H. Evans. The heirs of said Price were afterwards made complainants, and certain purchasers from Price were also made defendants.

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Appeal from, St. Louis Circuit Court. This was a bill in chancery filed in the year 1845 by Ris-don H. Price against Augustus H. Evans. The heirs of said Price were afterwards made complainants, and certain purchasers from Price were also made defendants. The bill, as amended, charges substantially that on the 28th of August, 1824, Risdon H. Price, sr., made and delivered to A. H. Evans a sealed note for 12089.64, payable one day after date; that though said Evans acknowledged by a writing under seal, [see below opinion of court] dated April 19, 1828, that he held a certain tract of 640…

1Opinion of the CourtNapton, Judge

This case is a complicated one, but its determination will depend chiefly upon the decision of two principal points. The first relates to the decree of the court dismissing the, bill as to the tract of 640 acres located under New Madrid certificate 899. The second involves the construction of agreement marked “ B,” and the conduct of Evans in reference thereto.

The title to the 640 acres located by virtue of New Madrid certificate 399, and known also as the Robertson tract, is controlled mainly by an agreement executed by Evans on the 19th of April, 1828, and marked in the record as exhibit “…

2Cases cited2 opinions

  1. Bowling's Heirs v. Dobyns' AdministratorsCourt of Appeals of Kentucky · 1837
  2. Hiester v. MaderiaSupreme Court of Pennsylvania · 1842

3Cited by5 opinions

  1. McPheeters v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
  2. Bernero v. McFarland Real Estate Co.Missouri Court of Appeals · 1908
  3. Gray v. PayneSupreme Court of Missouri · 1869
  4. Lee v. Hercules Powder Co.North Dakota Supreme Court · 1928
  5. Waddell v. WilliamsSupreme Court of Missouri · 1872

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