5 Mo. 507 | Mo. | 1838
delivered the opinion of the court.
Hunter commenced his suit in chancery against Galla-her, McCabe, and one Haverstick. Haverstick failing to answer, the bill as’against him was taken as confessed, and the circuit court entered up. a decree against Galla-her and McCabe, on the bill, answer, and evidence given in the case; and to reverse that decree this appeal is prosecuted.
The complainant states in his bill, that some time in the year 1825, one David Gallaher died possessed of a certain tract of land in said county of Washington, being intestate, and leaving a widow and several children; and that on or about the 21st day of February, in,the year 1835, James Gallaher, the defendant, one of the heirs of the said David, by writing, under his hand and seal, acknowledged that he had sold to Jacob Haverstick all his interest in the said tract of land, which is described in said writing as the land on which said McCabe then ■lived; and that afterwards,(to wit, on the 6th July, 1835,) said Haverstick sold and transferred all the interest he had acquired in said land to said Hunter; and that after the sale by James Gallaher, as aforesaid, to said Haver-
The ducuit court, then, in my opinion, committed error in decreeing the land to Hunter on the testimony there Its decree ought, then, in my opinion, to be reversed, and the complainant’s bill dismissed; and the other Judges of this court concurring, its aecree is reversed, and the bill dismissed.