79 Mo. App. 89 | Mo. Ct. App. | 1899
At the August term, 1896, of the Lawrence circuit court the defendant purchased the following tract or parcels of land at execution sale on a judgment against
1. Letter of inquiry from plaintiff to defendant.
“Ash Grove, Mo., Sept. 2, 1896. O. Crooks, Esq., Mt. Yernon, Missouri. Dear Sir: — At the August'term of court some land was sold under a tax judgment against myself and you became .the purchaser. Of course I do not recognize the sale as valid, but prefer compromise rather than a lawsuit. Please write me what you paid and what sum you will accept for a quitclaim deed. • Yours truly,
“Harvey Murray.”
2. Answer of defendant.
“Mt. Yernon, Mo., Sept. 8, 1896. Harvey Murray, Esq., Ash Grove, Missouri. Dear Sir:- — I have been away from home and just received your letter of the 2nd this morning, and in reply will say that I bid the land in at $3.50, the deed cost me $2.50, and the recording of the deed cost me $1.75, making it cost me $7.75. I will make a quitclaim deed for $20. I would then only get about $10 dollars for my trouble as the cost of the quitclaim would about take up the remainder. If you conclude to do this send it over and I will execute the deed and send it to you. Respectfully,
“C. W. Crooks.”
3. Reply of plaintiff.
“Ash Grove, Missouri, Sept. 12, 1896. Dear Sir: — Enclosed find draft for $20 and Q. O. D. for execution. If married, please have your wife join in deed. Please send tax deed with this Q. C. D. Yours very truly,
“Harvey Murray.”
The quitclaim deed transmitted by this reply described a different tract of land from the one purchased by defendant at the sheriff’s sale. Defendant on receipt of this deed and the dx*aft for $20, executed a quitclaim deed to plaintiff
“Mt. Yemon, Mo., Oct. 16, 1896. Harvey Murray, Esq., Ash Grove, Mo. Sir: — Inclosed yon will find sheriff’s deed to me for the west half, lots 1 and 5 of the northeast quarter of section 1, township 29, range 25, and a Q. C. I). for the same from my wife and I. I wrote a néw Q. C. D. for the reason that yon had described the wrong land in the one you sent me and I made it to yon because I did not know who you had sold it to. C. W. Crooks.”
To this plaintiff replied as follows:
“Ash Grove, Missouri, Oct. 20, 1896. O. W. Crooks, Esq., Mt. Yernon, Mo. Dear Sir: — Have been away and your letter of the 16th inst. was received and perused to-day. I return you herewith your sheriff’s deed and also the one you wrote and sent me, as it is not the property I was buying. Please return my draft and oblige. Yours very truly,
“Harvey Murray.”
Defendant returned the deeds to plaintiff, but kept the draft. Plaintiff afterwards met defendant and tendered these deeds and demanded the $20 he had paid. Defendant refused to receive the deeds or to pay back the $20. Plaintiff also sent the deeds to defendant by registered mail package. Defendant refused to take the package from the postoffice and it was returned to plaintiff. Plaintiff then brought this suit before a justice of the peace to recover the $20. He was defeated in the justice’s court, and appealed to the circuit court, where he was again defeated; from the latter court he has duly appealed here.