Young v. Cason
Supreme Court of Missouri
Error to Cole Circuit Court. Defendant, between tbe making of tbe first and second deeds of trust, obtained judgment against Cordell, and bad tbe land in controversy levied on and sold. For facts generally, see 48 Mo.‘ 179. I. Tbe mistake in tbe first deed of trust was not cured by the-making of tbe second deed of trust, as judgment liens intervened;. II. Young did not show that be bad paid tbe debt; m.
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Error to Cole Circuit Court. Defendant, between tbe making of tbe first and second deeds of trust, obtained judgment against Cordell, and bad tbe land in controversy levied on and sold. For facts generally, see 48 Mo.‘ 179. I. Tbe mistake in tbe first deed of trust was not cured by the-making of tbe second deed of trust, as judgment liens intervened;. II. Young did not show that be bad paid tbe debt; m. Those wbo were substituted on tbe record as co-plaintiffs-bad no status in court. Tbeir claim to relief was barred by tbe statute of limitations, by both tbe five and ten-year statute. IV.…
1Opinion of the CourtBliss, Judge
This cause has been once before this court, and is reported in . 43 Mo. 179. On being remanded, an amended petition was filed, in which several new parties joined as plaintiffs; and Coleman, being a nominal defendant, was not named. We before found that the mistake in the first deed was sufficiently established, but it did not appear that the plaintiff had paid the debt, to secure which the deed was given, and therefore he had no equity as against other creditors. It now appears that the debt, amounting to about $1,600, has been paid by the plaintiff and his co-sureties ; that the original…
2Cases cited1 opinion
- Young v. ColemanSupreme Court of Missouri · 1869
3Cited by4 opinions
- Martin v. NixonSupreme Court of Missouri · 1887
- Kemper, Hundley & McDonald Dry Goods Co. v. George A. Kennard Grocer Co.Missouri Court of Appeals · 1897
- Milby v. ReganCourt of Appeals of Texas · 1897
- Michigan Buggy Co. v. WoodsonMissouri Court of Appeals · 1894