Lackawanna Coal & Iron Co. v. Long

CourtUnited States State Supreme Court of Missouri
Citation231 Mo. 605,133 S.W. 35
Decision Date23 December 1910
PartiesLACKAWANNA COAL & IRON CO. v. LONG.

Appeal from Circuit Court, Jackson County; Jno. G. Park, Judge.

Action by the Lackawanna Coal & Iron Company against Robert J. Long. From a judgment dismissing the bill, plaintiff appeals. Affirmed.

Johnson & Lucas, for appellant. Peak & Strother, for respondent.

LAMM, P. J.

Cast nisi on a general demurrer to its amended bill in equity, plaintiff stood, suffered judgment, and comes up by appeal.

The question here is single and seeks the bill. Omitting caption and description by metes and bounds of the land in question, it best speaks for itself, thus: "The above-named plaintiff for its amended petition states that it is and was at all times hereinafter named a corporation duly organized and existing under the laws of Missouri; that on the 24th day of May, 1906, one E. O. Deshler, by written contract, a copy of which verified by affidavit is herewith filed, purchased of defendant, Robert J. Long, the following described real estate in Jackson county, Mo., to wit: A part of the southeast quarter of the southwest quarter of section thirty-six (36), township fifty (50), range thirty-three (33), more particularly described as follows: * * * That said Deshler paid to said Long on said contract the sum of two thousand ($2,000) dollars, and agreed by the terms thereof to pay for said real estate the additional sum of fifty-eight thousand ($58,000) dollars, as soon as the title thereto was perfected, eighteen thousand ($18,000) dollars of which was to be paid in cash, and the remainder on or before five years; that the title to said real estate was found to be defective, and said Long undertook to cure the defects thereof by a proceeding in court, and a supplementary agreement dated June 30, 1906, a copy of which is hereto attached, was entered into to that effect; that said proceeding has not become effective; that on the 20th day of September, 1906, plaintiff by deed duly recorded acquired said land from said Deshler; that said Long now claims that said title is perfect and that he has the right to retain said sum of two thousand dollars, so paid as aforesaid, and although said contract is still in force, and plaintiff is able, willing and ready to comply with the terms thereof as soon as said title is made perfect, and said Deshler and plaintiff have done so as far as was possible, defendant threatens to sell and convey said real estate to some one unknown to plaintiff. Wherefore plaintiff prays that said Long be enjoined and restrained from conveying said real estate to any one except this plaintiff, and be required to convey the same to this plaintiff as soon as the title is perfected, and for such other and further relief as the premises may justify."

(a) Observe, the object and life of the bill is to tie the hands of defendant by injunction, so he cannot convey the land (assuming for the nonce he owns it) to any other than plaintiff. Now, the right of alienation, the jus disponendi, is of the essence of a fee and a vendee may not interfere with that right in chancery, unless by virtue of a contract which should be specifically enforced. Therefore, a plaintiff, as a condition precedent to such injunctive relief as here asked, must ...

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61 cases
  • State v. Amour Packing Co.
    • United States
    • Missouri Supreme Court
    • February 9, 1915
    ...Chemical Works v. Nemnich, 169 Mo. 388, 69 S. W. 355; Gibson v. Railroad, 225 Mo. 478, 125 S. W. 453; Lackawanna Coal & Iron Co. v. Long, 231 Mo. 605, 133 S. W. 35." It was accordingly ruled that the demurrers to the information in question must be sustained, and the cause was dismissed. St......
  • O'Day v. Van Leeuwen
    • United States
    • Missouri Supreme Court
    • November 5, 1945
    ...to the equitable relief prayed for therein. Story v. American Central Ins. Co., 61 Mo. App. 534; Lackawanna Coal & Iron Co. v. Long, 231 Mo. 605, 133 S.W. 35; Terry v. Michalak, 319 Mo. 290, 3 S.W. (2d) 701. (2) Since the written instrument, upon which the plaintiffs relied, and here rely, ......
  • Stewart v. City of Springfield
    • United States
    • Missouri Supreme Court
    • September 8, 1942
    ...(2d) 803, 333 Mo. 437; City of Springfield v. Plummer, 89 Mo. App. 515; Aldridge v. Ryan, 260 S.W. 536; Lackawana Coal & Iron Co. v. Long, 231 Mo. 605, 133 S.W. 35. (c) Defendant's demurrer, because it pleads extraneous matters, matters de hors the petition, and matters of defense, is a spe......
  • Odom v. Langston
    • United States
    • Missouri Supreme Court
    • August 27, 1943
    ...not make it a part of the petition, or a part of the record, or bring it before the court for its consideration. Coal & Iron Co. v. Long, 231 Mo. 605, 133 S.W. 35; Curry v. Lackey, 35 Mo. 389; Robinson v. Levy, 217 Mo. 498, 117 S.W. 577; State ex rel. Fenn v. McQuillin, 256 Mo. 693, 165 S.W......
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