Vogler v. Montgomery
Supreme Court of Missouri
Jlppeal from Pettis Court of Common Pleas. I. Shields was an innocent purchaser for a valuable consideration and the subsequent reversal of the judgment, whatever may have been its effect as between the plaintiff and defendant therein, in nowise affected the rights acquired by Shields, under his deed of trust. (Gott vs. Powell, 41 Mo. 420 ; Shields vs. Powers, 29 Mo., 317 ; Yoorhes vs. Bank of TJ.
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Jlppeal from Pettis Court of Common Pleas. I. Shields was an innocent purchaser for a valuable consideration and the subsequent reversal of the judgment, whatever may have been its effect as between the plaintiff and defendant therein, in nowise affected the rights acquired by Shields, under his deed of trust. (Gott vs. Powell, 41 Mo. 420 ; Shields vs. Powers, 29 Mo., 317 ; Yoorhes vs. Bank of TJ. S., 10 Peters, 475; Coleman vs, McAnnulty, 16 Mo., 173; Fithian vs. Monks, 43 Mo., 520 and 521; McNair vs. Biddle, 8 Mo., 257-268.) II. The petition while it asks a court of equity to interfere for.…
1Opinion of the CourtNapton, Judge
This was an application for an injunction to restrain Montgomery, a trustee in a deed of trust from Nussberger, for the benefit of Shields, from selling the lot conveyed in the deed, on the ground that such sale would cast a cloud on the title of plaintiff.
The facts appear to be as follows: Vogler, acquired the lot and house in the year 1865. Nussberger, obtained a judgment against Vogler about the 4th of Feb., 1868. A few days previous to this Vogler conveyed the premises to one Suess, and on Jan. 23, 1869, Suess conveyed back the same to Vogler. On Nussberger’s judgment an execution issued;…
2Cases cited1 opinion
- Gott v. PowellSupreme Court of Missouri · 1867
3Cited by65 opinions
- Hixon v. GeorgeSupreme Court of Kansas · 1877
- Kennedy v. First National BankSupreme Court of Alabama · 1894
- Bishop v. MoormanIndiana Supreme Court · 1884
- Macke v. ByrdSupreme Court of Missouri · 1895
- Blair v. SmithIndiana Supreme Court · 1888
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