Wishart v. Gerhart
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Andrew F. Evans, Judge. (1) The court erred in refusing to permit defendant to prove that said note and deed of trust were given wholly without consideration.
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Appeal from the Jackson Circuit Court. — Hon. Andrew F. Evans, Judge. (1) The court erred in refusing to permit defendant to prove that said note and deed of trust were given wholly without consideration. Section 645, Revised Statutes 1899. This section was 2090 in the revision of 1889, and section 3725 in the revision of 1879, and section 24, page 686, General Stat. 1865, and section 24, page 1290, Revised Statutes 1855. (2) Contracts by specialty are those reduced to writing and attested by a seal — or to use the common phrase, “ contracts under, seal,” etc. 1 Parsons on Contracts, page 7,…
1Opinion of the CourtEllison, J.
This is an action of unlawful detainer. The judgment in the trial court was for plaintiff. Plaintiff’s right to the property is founded upon a deed of trust, in the usual form, executed by defendant to plaintiff to secure to him the payment of $3,000, and which the plaintiff had foreclosed. The deed recited that it was executed, ‘ ‘ in consideration of the debt and trust hereinafter mentioned and created and the sum of one dollar. ’ ’ At the trial defendant offered to prove that the deed was, in fact, without consideration. Plaintiff’s counsel objected to the evidence and the trial court…
2Cases cited9 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Jackson v. Chicago, St. Paul & Kansas City RailroadMissouri Court of Appeals · 1893
- Draper v. ShootSupreme Court of Missouri · 1857
- Bobb v. BobbSupreme Court of Missouri · 1886
- Hutchins v. . HutchinsNew York Court of Appeals · 1885
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3Cited by5 opinions
- Poplin v. BrownMissouri Court of Appeals · 1918
- Laclede Laundry Co. v. FreudensteinMissouri Court of Appeals · 1913
- Gunter v. Standard Oil Co.Court of Appeals for the Eighth Circuit · 1932
- Bobbitt v. OggMissouri Court of Appeals · 1987
- Barry v. BernaysMissouri Court of Appeals · 1911