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37 Mo. 188

Gibson v. Lair

Supreme Court of Missouri

Decided January 15, 1866

Supreme Court of Missouri · decided 1866-01-15

This was an action commenced in the Greene Circuit Court by Gibson against Jno. Lair and C. B. Holland. The petition set forth that Lair in the year 1860, being the owner of certain real estate in Greene county, sold the same to plaintiff Gibson for $350, and executed and delivered to plaintiff a contract in writing whereby he covenanted to convey said land to plaintiff on payment of said sum.

Cited by 2 later decisions — most recently October 1885

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1866-01-15

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Holmes, Judge,

¶1delivered the opinion of the court.

¶2This was a petition in equity for a specific performance of a contract in writing for the sale of a lot of ground, and for a deed to be executed on payment of the note given for the purchase money. The purchaser was put in possession and made valuable improvements. The vendor left the State. The petition was taken as confessed against him, and the answer of the other defendant admitted all the facts which were necessary in order to entitle the plaintiff to the relief prayed for. The decree appears to have been fully warranted by the case made, and was entirely in accordance with the equity and justice of the case. The respective rights and claims of the defendants to the money can be readily ascertained and determined on a direct application by motion of the court for that purpose.

¶3We discover no ground for reversing the judgment which has been rendered.

The other judges concurring, the judgment is affirmed.
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