Board of Trustees of Westminster College v. Peirsol
Supreme Court of Missouri
Appeal from Morgan Circuit Court. — Hon. D. W. Shackle-ford, Judge. (1) The objection to the introduction of any evidence because of the alleged insufficiency of the petition is not well taken. It stated a cause of action to foreclose the deed of trust, and that was all the defendant Ery was interested in. (2) The deed of trust was competent. There is nothing in the objection that the note therein described is not the one offered in evidence.
Read the full summary
Appeal from Morgan Circuit Court. — Hon. D. W. Shackle-ford, Judge. (1) The objection to the introduction of any evidence because of the alleged insufficiency of the petition is not well taken. It stated a cause of action to foreclose the deed of trust, and that was all the defendant Ery was interested in. (2) The deed of trust was competent. There is nothing in the objection that the note therein described is not the one offered in evidence. The deed of trust does not contain a verbatim copy of said note but the description in the deed of trust is sufficient to identify it beyond question.…
1Opinion of the CourtBhegess, J.
This is an action to foreclose a deed of trust upon certain lands in Morgan county, executed by defendants Peirsol and William A. Lattimer on the first day of April, 1893, to secure the payment to Lattimer of a certain promissory note therein described.
The petition, after alleging the execution of the deed of trust hy defendant John O. Peirsol and Lue H. Peirsol his *276wife, and describing tbe lands, proceeds as follows:
“Plaintiff further states that by mistake, or oversight, in the. scrivener, or the grantors in said instrument, the name of the trustee was not inserted; but that said conveyance…
2Cases cited4 opinions
- Owings v. McKenzieSupreme Court of Missouri · 1896
- Leavitt v. LaForceSupreme Court of Missouri · 1879
- Davis v. BriscoeSupreme Court of Missouri · 1883
- Farrar v. HeinrichSupreme Court of Missouri · 1885
3Cited by15 opinions
- Taylor v. American National BankSupreme Court of Florida · 1912
- St. Charles Savings Bank v. DenkeeSupreme Court of Missouri · 1918
- McDown v. WilsonMissouri Court of Appeals · 1968
- Westlake v. CooperSupreme Court of Oklahoma · 1918
- Baird v. MeyerNorth Dakota Supreme Court · 1927
10 more not listed; retrieve them via the Exa API.