Reports of Cases Determined in the Supreme Court of the State of Missouri Volume 203

Reports of Cases Determined in the Supreme Court of the State of Missouri Volume 203

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 2010-06 edition. Excerpt: ...in each count was of the same character as that in the first. In the petition Zehnder was the only defendant named. He appeared at the return term and filed an answer, and at that term also appeared his wife Mrs. Zehnder who petitioned the court to make her a party defendant, which the court did, and she filed an answer wherein after a general denial she set up the plea that the land in question was hers, that her husband acting as her agent bought it, but without her knowledge or consent took the deed in his own name, that the purchase price was paid with her money, her separate statutory property, that the alleged contracts on which the plaintiffs sue if made as claimed were made without her knowledge or consent. In her answer Stark v. Zehnder. is also the plea of the ten-year Statute of Limitations on the alleged right ofplaintiffs to reform the contracts.-Zehnder's answer admitted the signing of the contracts and then a general denial. It also set up the affirmative plea that the plaintiffs imposed on him in the making of the contracts in certain respects which it is not necessary now to specify and he also pleaded the ten-year Statute of Limitations against the claim to reform the contracts. The plaintiffs filed a reply saying that the fact that the land was not correctly described in the contracts did not come to their knowledge until 1903, and as to Mrs. Zehnder's claim the reply contained several averments intended by the pleader as a plea to estop her from claiming that the land was hers, but as the record before us is not in shape to go into the ques tions of fact it is not necessary to set out those averments. The cause comes here on a short transcript, from which it appears that there was a judgment for the...show more

Product details

  • Paperback | 278 pages
  • 189 x 246 x 15mm | 499g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236902394
  • 9781236902399