Bender v. Zimmerman

• Decision Date: 17 October 1898
• Citation: Bender v. Zimmerman, 47 S.W. 506, 145 Mo. 636 (Mo. 1898)
• Parties: BENDER v. ZIMMERMAN.
• Court: Missouri Supreme Court

47 S.W. 506

145 Mo. 636

BENDER v. ZIMMERMAN.

Supreme Court of Missouri, Division No. 2.

October 17, 1898.

APPELLATE JURISDICTION — TRANSFER TO COURT OF APPEALS.

Appeal by defendant from judgment for $164 for wrongful conveyance of land, in violation of an agreement to convey to plaintiff, not being within the provisions of Const. art. 6, § 12, giving the supreme court jurisdiction, will be transferred to the court of appeals.

Appeal from circuit court, Buchanan county; A. M. Woodson, Judge.

Action by John C. Bender against Eugene C. Zimmerman. Judgment for plaintiff. Defendant appeals. Transferred to Kansas City court of appeals.

C. V. Hickman and E. C. Zimmerman, for appellant. M. G. & Jas. Moran, for respondent.

GANTT, P. J.

This is an appeal from a decree by the circuit court of Buchanan county. The petition alleged a conveyance of certain lands by deed absolute with a defeasance back to secure the payment of $100 and the costs in a certain suit. It avers the payment of said $100 and said costs by plaintiff, a demand for reconveyance and a refusal, a subsequent sale by defendant to an innocent purchaser, and concludes with a prayer for $2,000, the value of the land wrongfully conveyed by defendant, and the purchase price converted by him. The answer is a general denial. It then admits the conveyance, and charges certain taxes were delinquent for which said lands were sold to one Irvin, and by Irvin deeded to defendant, whereby plai...