Matthews v. Hunter

• Citation: 67 Mo. 293
• Parties: MATTHEWS et al., Appellants v. HUNTER.
• Decision Date: 30 April 1878
• Court: United States State Supreme Court of Missouri

67 Mo. 293

MATTHEWS et al., Appellants

v.HUNTER.

Supreme Court of Missouri.

April Term, 1878.

Appeal from Scott Circuit Court.

Louis Houck for appellants.

L. Sanford for respondents.

NORTON, J.

This is a proceeding in equity, the object of which is to perfect title to certain land in Scott county. The petition alleges that, in the year 1861, Augustus Youngman and William Winchester were partners and doing business under the name and style of Youngman & Winchester, and, as such partners, they purchased of one Joseph Hunter, for partnership purposes, three and one-half acres of land, near the town of Sikeston; that said Hunter executed to them his title bond, in which he bound himself to execute a deed thereto on the payment of three hundred dollars; that said Winchester died in 1863, and Youngman, as surviving partner, administered on the partnership estate, and paid to said Hunter, out of the said estate, the said sum of three hundred dollars, who, thereupon, in 1867, executed to the said Augustus Youngman and the heirs of said Winchester, a deed to said real estate; that said land should have been conveyed to Augustus Youngman, surviving partner of said firm, and that such, in fact, was the intent and purpose of said Hunter. It is further averred that the personal assets of said firm were insufficient to pay the debts, and that, by an order of the court of common pleas of said county, having probate jurisdiction, said Youngman, as such administrator, in December, 1867, sold said real estate to one Sarah F. Brown, to whom, after an approval of said sale by said court, he executed a deed therefor. It is further averred that said Sarah Brown afterwards conveyed said land to plaintiff, Coleman, who afterwards conveyed a part thereof to his co-plaintiff, Matthews; that they have erected extensive and valuable improvements thereon; that Hunter, by mistake, conveyed the land to Youngman and the heirs of Winchester; that the heirs of said Winchester now set up claim to said land under said deed, and that thereby a cloud is cast upon their title, which they ask the court to remove and correct the alleged mistake in the deed of Hunter to Youngman and the heirs of Winchester. A demurrer was sustained to the petition and judgment rendered thereon for defendants, and the sole question presented by the record is the sufficiency of the petition.

It is very clear from the facts stated in the petition that the real estate in question, having been bought for partnership...