Adkins v. Tomlinson
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) This was an executed contract and defendant had a right to make his proffered conveyance to plaintiff, his immediate grantee, correcting the error in his former deed — if it was erroneous, for it was a mutual mistake of fact — and make it conform to the original contract, and convey to plaintiffs the identical lot, thirty-four and one-half feet frontage, that they purchased, of which particular lot possession…
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Appeal from Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) This was an executed contract and defendant had a right to make his proffered conveyance to plaintiff, his immediate grantee, correcting the error in his former deed — if it was erroneous, for it was a mutual mistake of fact — and make it conform to the original contract, and convey to plaintiffs the identical lot, thirty-four and one-half feet frontage, that they purchased, of which particular lot possession was given to, andis still held and occupied by, plaintiffs under said deed and in pursuance of said purchase,…
1Opinion of the CourtBurgess, J.
This is an action for the breach of the covenant of indefeasible seizin contained in a deed from defendant to plaintiff Mary E. Adkins, wife of her eoplaintiff, James Q-. Adkins, dated February 8, 1882. The land described in the deed is a part of lot number 5, in block number 3, of Price’s addition to the City of Kansas, and described as follows, to wit: “Beginning at the "northwest corner of said lot and running thence east along the south line of Independence avenue, thirty-four feet and six inches; thence south one hundred and twenty-six feet to a private alley; *490thence west to the west…
2Cases cited5 opinions
- Crispen v. HannavanSupreme Court of Missouri · 1872
- Allen v. KennedySupreme Court of Missouri · 1886
- Kirkpatrick v. DowningSupreme Court of Missouri · 1874
- Wilkerson v. EilersSupreme Court of Missouri · 1893
- Murphy v. PriceSupreme Court of Missouri · 1871
3Cited by16 opinions
- Wishart v. McKnightMassachusetts Supreme Judicial Court · 1901
- Benn v. PritchettSupreme Court of Missouri · 1901
- Vicksburg, Shreveport & Pacific Railway Co. v. LeRosenSupreme Court of Louisiana · 1899
- City of Maysville v. TruexSupreme Court of Missouri · 1911
- City of Pacific v. RyanSupreme Court of Missouri · 1930
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