Grumley v. Webb, 48 Mo. 562 (1871)

Citation: Grumley v. Webb, 48 Mo. 562 (1871)
Parent Document: Grumley v. Webb, 48 Mo. 562 (1871)
Jurisdiction: Missouri (state)
Effective Date: 1871-10-15
Original Source: https://www.courtlistener.com/opinion/8046745/grumley-v-webb/ ↗

Full Text

1,442 chars

The only case relied on to evade the statute, and turn the cause in favor of the defendant Webb, is Hughes v. Moore, 7 *595Cranch, 176. It was an action' of assumpsit'. Tbe declaration stated that Moore was owner and proprietor of a plat and certificate of survey for lands lying in Kentucky, for which he was entitled to a patent from the government of that State, and that Hughes without authority transferred that plat and certificate in the name of Moore to himself ; by which wrongful act a patent issued for the land to Hughes, to the injury of Moore ; that afterward Hughes promised to pay Moore the sum of seven hundred pounds for the said injury and loss of the said land assigned as aforesaid; the plaintiff Moore (defendant in error) at the time agreed to the terms, and to accept of the said compensation “ in full of all claims and demands for the said land, and for the injury aforesaid.” That was the second count. The third count stated the equitable title of Moore and the injury, etc. It then stated a conversation “ concerning a compensation for the loss and a liquidation of the damages sustained by Moore, by reason of the misconduct of Hughes, and of vesting him, Hughes, with the legal title to the land; and that .it was agreed that Hughes should pay Moore in satisfaction of the.damages, etc., the sum of seven hundred pounds, etc., which Moore agreed to accept in full compensation for his just claims as aforesaid.”

Other Sections in This Document (174)

Full Text