59 Mo. App. 331 | Mo. Ct. App. | 1894
The defendant’s attorney has made a statement of the case which, it seems to us from an examination of so much of the record as is before us, is substantially correct and we shall therefore adopt the same. It is as follows:
The defendant owned a house and lot in the town of Jerico Springs, Missouri, which was occupied by himself and family as a homestead. It was of the value of $500 or $600. The deed thereto was recorded December 1, 1888. On the fifth day of September, 1891, he traded said homestead to plaintiff for a small tract of land in the country—paying plaintiff $800 to boot, and on that date deeds were exchanged. Prior thereto, on the twelfth day of October, 1889,—nearly a year after defendant’s deed to his homestead had been recorded—a judgment was obtained by the D. H. Smith Hardware Company, a corporation, against the defendant, as garnishee in an attachment suit against the firm of Smith & Anderson, of Sedalia. (The plaintiff and defendants in that attachment suit were strangers to this record.) In that suit the court found
The defendant objects that the plaintiff has failed to comply with the requirements of section 2301, Revised Statutes, by filing “a clear and concise statement of the case.” This objection is insurmountable. Brown v. Murray, 53 Mo. App. 184; Snyder v. Free, 102 Mo. 325; Craig v. Scudder, 98 Mo. 664; Jayne v. Wine, 98 Mo. 404; Thompson v. Allen, 107 Mo. 479.
It is further objected by defendant that the abstract does not anywhere show or state that there has been a final judgment nor a judgment of any kind. These objections appear to be well taken. An appeal lies only from a final judgment. Revised Statutes, sec. 2246; Holloway v. Holloway, 97 Mo. 639.
It may in this connection be observed that it does not seem that the plaintiff is entitled to the interference of a court of equity in his behalf. It appears that the
It does not therefore appear that the alleged representation of defendant was either false or fraudulent as respects the title to the Jerico property. We can not discover that the plaintiff is entitled to any relief against his own voluntary and imprudent act of paying off the garnishment judgment which did not affect the property for which he had traded. It seems that he got all he bargained for and that he has no just grounds of complaint.
We will therefore dismiss his appeal for the reasons already stated.