Davis v. Evans
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Root. Edward P. Gates, Judge. (1) The lien for the assessment of benefits, the judgment for which was confirmed July 27, 1892, is a prior lien to the deed of trust of plaintiff which was dated and recorded March 7, 1892. The ordinance for the grading of Kansas avenue under which proceedings the real estate in controversy was sold January 16, 1893, was approved May 29, 1891. All the parties interested in the real estate were made parties…
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Appeal from Jackson Circuit Court. — Root. Edward P. Gates, Judge. (1) The lien for the assessment of benefits, the judgment for which was confirmed July 27, 1892, is a prior lien to the deed of trust of plaintiff which was dated and recorded March 7, 1892. The ordinance for the grading of Kansas avenue under which proceedings the real estate in controversy was sold January 16, 1893, was approved May 29, 1891. All the parties interested in the real estate were made parties to the proceedings, the first order for which was made August 3, 1891. Kansas City Charter 1889, art. 8, sec. 5. (2) In…
1Opinion of the CourtValliant, J.
This is a suit in equity, the main object of which is to establish plaintiffs mortgage debt as prior in right to the claims of defendants. The property in question is real estate in Kansas City, and the rights of the parties respectively grow out of the following transactions in relation thereto.:
March 7, 1892, defendant Evans was the. owner of the land; on that day he borrowed $900 from plaintiff’s father, and executed his note and deed of trust on the land to secure the loan, which deed was duly recorded that day; plaintiff is now the holder of that note.
August 16, 1892, Evans and wife sold…
2Cases cited5 opinions
- Connecticut Mutual Life Insurance v. BulteMichigan Supreme Court · 1881
- Jackson ex dem. Hooker v. YoungNew York Supreme Court · 1826
- Reeds v. MortonSupreme Court of Missouri · 1846
- Frank v. CaruthersSupreme Court of Missouri · 1891
- Chrisman v. HoughSupreme Court of Missouri · 1898
3Cited by2 opinions
- State Ex Rel. Buder v. HughesSupreme Court of Missouri · 1942
- Hughes v. StateCourt of Criminal Appeals of Texas · 1904