New York Store Mercantile Co. v. Thurmond
Supreme Court of Missouri
Appeal from DirnHin Circuit Court. — No». J. L. Fort, Judge. (1) The court erred in permitting witness Keaton to testify, over defendant’s objection, to the fact that Thurmond had agreed with him, Keaton, that he would notify him in case Shelton, the beneficiary under the first deed of trust, should insist on the collection of his deht. Such evidence was not competent as against either of the other defendants.
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Appeal from DirnHin Circuit Court. — No». J. L. Fort, Judge. (1) The court erred in permitting witness Keaton to testify, over defendant’s objection, to the fact that Thurmond had agreed with him, Keaton, that he would notify him in case Shelton, the beneficiary under the first deed of trust, should insist on the collection of his deht. Such evidence was not competent as against either of the other defendants. They were not shown, to have been present when this agreement was made. This testimony was not competent for any purpose. Hardwieke v. Hamilton, 121 Mo. 475; Shoe Co. v. Case-beer, 53…
1Opinion of the CourtMarshall, J.
— This is a bill in equity to set aside for fraud a deed from defendant Jones, as trustee, to defendant Shelton, and also a deed from said Shelton to defendant Gibson, to the north half of the northwest quarter of section twenty, in township sixteen, range seven, in Dunklin county, and to have a deed of trust from defendant Thurmond to the plaintiff, on said land, and other lands, declared a lien on said land, superior to defendant’s claim thereto, and to have plaintiff’s deed of trust aforesaid foreclosed and the land sold to satisfy the plaintiff’s lien.
The petition alleges that on December…
2Cases cited1 opinion
- Aull v. St. Louis Trust Co.Supreme Court of Missouri · 1899
3Cited by8 opinions
- Tooker v. Missouri Power & Light Co.Supreme Court of Missouri · 1935
- Holmes v. McNeilSupreme Court of Missouri · 1947
- First Bank v. FISCHER & FRICHTEL, INC.Supreme Court of Missouri · 2012
- Gregory v. Kansas CitySupreme Court of Missouri · 1912
- Drannek Realty Co. v. Nathan Frank, Inc.Supreme Court of Missouri · 1940
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