This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 Excerpt: ...Mason v. Black, Foote v. Clark. 87 Mo. '329, and cases cited; Orrick v. Durham, 79 Mo. 174. Minors are not estopped ( Burke v. Adams, 80 Mo. 504 ); nor are femes covert, except as to their separate estates. Rannells v. Qerner, 80 Mo. 474; (Jottrell v. Spiess, 23 Mo. App. 98. (7) The court did not err in excluding ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 Excerpt: ...Mason v. Black, Foote v. Clark. 87 Mo. '329, and cases cited; Orrick v. Durham, 79 Mo. 174. Minors are not estopped ( Burke v. Adams, 80 Mo. 504 ); nor are femes covert, except as to their separate estates. Rannells v. Qerner, 80 Mo. 474; (Jottrell v. Spiess, 23 Mo. App. 98. (7) The court did not err in excluding evidence of improvements by defendants. The defendants are strangers to plaintiffs' title, and there was no equitable ground to al tach a lien upon the land for improvements, etc. McCannahan v. Smith, 76 Mo. 428; Henderson v. Langley, 76 Mo. 226; Jasper County v. Wadlow, 82 Mo. 172; Malone v. Stretch, 69 Mo. 25; Smith v. Phelps, 03 Mo. 585. In Railroad v. Shortridge, 86 Mo. 662, the improvements were made with consent of plaintiffs. (8) The court did not err in excluding evidence as to whether plain tilfs received by inheritance assets from the estate of Mrs. Hunt equal to the value of the land in controversy. Such proof would constitute no defense to this action of ejectment. Plaintiffs do not inherit or obtain the land from Mis. Hunt, so that her covenants, if she made any, are not binding on them, and do not affect the right of plaintiffs to the land. Walker v. Deaver, 79 Mo. 674; Ragan i McElroy, 98 Mo. 349; Barlow v. Delaney, 86 Mo. 583; Schnelle v. Barlow, 34 Fed. Rep. 853; Barlow v. Delaney, 40 Fed. Rep. 97. (9) Rebutter by collateral warranty, is not a part of the common law of this country. Goodwin v. Kumm, 45 N. W. Rep. 853. (10) The alleged contract with, and conveyance to, Kelley was not champertous, did not concern defendants, and they have no interest in it. Million o. Ohnsorg, 10 Mo. App. 432; Duke v. Harper 6O Mo. 51. (11) That the petition may locate the land in the northwest quarter instead of the northeast will not affect the case...
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