Cravens v. Pettit

• Decision Date: 31 March 1852
• Citation: 16 Mo. 210
• Parties: CRAVENS, Appellant, v. PETTIT, Respondent.
• Court: Missouri Supreme Court

16 Mo. 210

CRAVENS, Appellant,

v.PETTIT, Respondent.

Supreme Court of Missouri.

March Term, 1852.

Appeal from Wayne Circuit Court.

On the 23d day of February, 1846, the appellant, Cravens, filed his bill in chancery, alleging that Pettit, the respondent, claimed a right to a confirmation, prior to the year 1832, of a tract of land containing about 640 acres, lying in the counties of Madison and Wayne, in this state; which tract was generally known as the “Cedar Cabin,” but which claim had been rejected by the board of commissioners; that after the rejection of said claim the appellant, Cravens, purchased from the said Pettit, for the sum of four hundred dollars, the right, title and interest in the said tract of land of him, the said Pettit; that no deed passed for said tract of land between the parties at the time of the purchase of said claim, but the respondent, Pettit, was to use his best exertions to procure a confirmation for the benefit of Cravens, when he, Pettit, was to execute and deliver a deed to Cravens; that said Cravens immediately entered on said land and made valuable improvements thereon, and entered at the proper land office about 320 acres of said land. That after said sale to the appellant, Pettit procured a confirmation in his own name, of said ““Cedar Cabin” tract, and claims to own the same, and refuses to make said deed to Cravens, and has actually offered the same for sale, and has, moreover, in consequence of said entries by Cravens, obtained a float from the land office for about 160 acres, which the said Cravens claims as his, but which defendant insists on keeping for his own use. The bill prays for a decree compelling Pettit to convey said land and float to him (Cravens), and for an injunction prohibiting the sale of said property by Pettit.

To this bill the defendant demurred, and the appellant joined in demurrer, and on the 4th of May, 1846, the appellant, Cravens, filed an amended bill, and the respondent withdrew his demurrer. The amended bill is substantially the same as the original, except that it is alleged in the amended bill that one Gray purchased the “Cedar Cabin” with Cravens, and that Cravens actually paid the four hundred dollars to Pettit, and was put in possession of said tract by said Pettit, and made about two thousand dollars' worth of improvements on said tract, with the knowledge and consent of said Pettit; and that he (Cravens), was entirely ignorant of Pettit's procuring the confirmation, until a short time before the filing of his bill.

Pettit, the respondent, on the 15th day of September, 1847, filed his answer, admitting the sale to the appellant (Cravens), of the cabin, and that only; expressly denying that he sold his claim to the tract of land; also admitting that, after the sale to Cravens, he procured a confirmation of said claim for his own use and benefit, and not for the appellant, Cravens; and expressly denying that he, in any manner, agreed or bound himself to procure said confirmation for Cravens. The answer alleges that the improvements were made on 160 acres of said tract, patents for which were issued to Cravens before the confirmation, and to which 160 acres Pettit admits that Cravens is entitled. A replication was filed to the answer. On the application of the respondent, Pettit, an order was made by the court to produce the writing made and executed by said Pettit for the “Cedar Cabin,” when the same was sold to the appellant, Cravens, which order was complied with, and the written instrument, in the following words, was read in evidence by the...