Whiteside v. Magruder
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. The court erred in rejecting evidence offered by-plaintiff of defendant’s knowledge of the right of way when he bought the land, of his making deed of trust to plaintiff, of his paying interest on original note without complaint, of his payment of all the debts except $200, and his inducing plaintiff to satisfy her deed of trust and take his individual note for balance, of his selling portions of the land, etc.
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Appeal from Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. The court erred in rejecting evidence offered by-plaintiff of defendant’s knowledge of the right of way when he bought the land, of his making deed of trust to plaintiff, of his paying interest on original note without complaint, of his payment of all the debts except $200, and his inducing plaintiff to satisfy her deed of trust and take his individual note for balance, of his selling portions of the land, etc. These facts would tend to prove a waiver by defendant of any claim on account of the right of way. Williams v. Porter, 51…
1Opinion of the Court
Biggs, J. —
*368statement. *367This is an action on a note for $200, dated August 1, 1893. The defendant admitted its execution, but pleaded by way of recoupment or counterclaim that the note represented the balance of the purchase money of a certain farm in Lincoln county which was purchased by defendant from plaintiff on the twenty-third day of September, 1896; that in consideration of $1,875 the plaintiff conveyed the land to defendant by deed containing covenants of warranty *368as to title and against incumbrances; that prior to this conveyance the plaintiff had conveyed to the St. Louis, Keokuk &…
2Cases cited3 opinions
- Kellogg v. MalinSupreme Court of Missouri · 1872
- Kellogg v. MalinSupreme Court of Missouri · 1876
- Williamson v. HallSupreme Court of Missouri · 1876
3Cited by9 opinions
- Royal Mining Company v. Fidelity Casualty Co.Missouri Court of Appeals · 1911
- Missouri State Oil Co. v. PessinaSupreme Court of Missouri · 1950
- McDonald v. WardWashington Supreme Court · 1918
- City of St. Joseph Ex Rel. Consolidated Stone Co. v. Pfeiffer Stone Co.Missouri Court of Appeals · 1930
- Neville v. HughesMissouri Court of Appeals · 1904
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