Alexander v. Alexander
Supreme Court of Missouri
Appeal from Saline Circuit Court. — Hon. Richard Field, Judge. (1) “It is tbe settled law of this State that an agreement to dispose of property by will in a particular way, if made upon sufficient consideration, is valid and binding, and that, although the contract be oral, the part performance of it will take it out of the operation of the statute of frauds, when a refusal to complete it would work a fraud on the other party.” Euchs v. Euchs, 48 Mo.
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Appeal from Saline Circuit Court. — Hon. Richard Field, Judge. (1) “It is tbe settled law of this State that an agreement to dispose of property by will in a particular way, if made upon sufficient consideration, is valid and binding, and that, although the contract be oral, the part performance of it will take it out of the operation of the statute of frauds, when a refusal to complete it would work a fraud on the other party.” Euchs v. Euchs, 48 Mo. App. 23; G-upton v. Gupton, 41 Mo. 31; Wright v. Tinsley, 30 Mo. -389; Sutton v. Hayden, 62 Mo. 101; Sharkey v. McDermott, 91 Mo. 64-1; Nowack…
1Opinion of the CourtBrace, P. J.
This is an action in ejectment to recover 139 acres of land in Cooper county, described in the petition, which is in common form. The answer of the defendant, after a general denial, sets up the following defense to plaintiffs’ cause of action:
“And for another answer and defense to plaintiffs’ petition this defendant says, that the plaintiffs’ claim to the land described is by inheritance from one John H. Alexander, and not otherwise; that this defendant is the brother of the said John H. Alexander, deceased, and is the only brother or sister of said deceased of the full blood that is now…
2Cases cited12 opinions
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Sutton v. HaydenSupreme Court of Missouri · 1876
- Gupton v. GuptonSupreme Court of Missouri · 1870
- Wright v. TinsleySupreme Court of Missouri · 1860
- Sitton v. ShippSupreme Court of Missouri · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Kinney v. MurraySupreme Court of Missouri · 1902
- Jones v. JonesSupreme Court of Missouri · 1933
- Asbury v. HicklinSupreme Court of Missouri · 1904
- Burroughs v. SmithCourt of Appeals of Texas · 1927
- Steele v. SteeleSupreme Court of Missouri · 1901
10 more not listed; retrieve them via the Exa API.