Gardner v. Terry
Supreme Court of Missouri
Appeal from Franldin Circuit Court. — Hon. A. J. Seay, Judge. The sale and conveyance under the deed of trust would have made an apparent better title in the purchaser, which, though no title in fact, could only have been defended against by proof of matter dehors. the deed.
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Appeal from Franldin Circuit Court. — Hon. A. J. Seay, Judge. The sale and conveyance under the deed of trust would have made an apparent better title in the purchaser, which, though no title in fact, could only have been defended against by proof of matter dehors. the deed. This being so the sale and conveyance would liave oast a cloud on appellant’s title, and therefore the court erred in sustaining the demurrer to plaintiff’s petition, and should have made the injunction perpetual as prayed for. Qunby v. Brown, 86 Mo. 253, and cases cited. (1) Plaintiff having, according to his own bill, a…
1Opinion of the Court
Black, 9.
Gardner brought this suit against William M. Terry and the administrator of Wm. H. Lamoreaux, to enjoin the sale of two lots under, a deed of trust, in which Terry is the substituted trustee, and the estate of Lamoreaux is the beneficiary. The court sustained a demurrer to the petition, and gave j udgment thereon, to reverse which the plaintiff appealed.
The petition discloses the following facts: Wm. H. Lamoreaux, being the owner of the two lots in question, conveyed them to Isaac Brooks, by a deed dated the *525twenty-sixth of August, 1869. On the same day Brooks gave Lamoreaux a deed…
2Cases cited8 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Vogler v. MontgomerySupreme Court of Missouri · 1874
- State ex rel. Haeussler v. Court of AppealsSupreme Court of Missouri · 1877
- Harrington v. UtterbackSupreme Court of Missouri · 1874
- McPike v. PenSupreme Court of Missouri · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- Sneathen v. SneathenSupreme Court of Missouri · 1891
- Hanna v. South St. Joseph Land Co.Supreme Court of Missouri · 1894
- Menzel v. Hinton.Supreme Court of North Carolina · 1903
- Sherwood v. BakerSupreme Court of Missouri · 1891
14 more not listed; retrieve them via the Exa API.