Legal Opinion

First National Bank v. Kirby

Supreme Court of Missouri

Decided December 20, 1916PublishedCited by 9 opinions

Appeal from Knox Circuit Court. — Ho». Charles D. Stewart, Judge. (1) The findings of fact and judgment in the former suit, case No. 6901, taken in connection with the opinion of the Supreme Court are final upon all parties to that action on all the issues which were submitted to the court in that cause, or which might have been submitted to the court in that cause, and were there determined, until the same have been reviewed, set aside or altered by the action of the…

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Appeal from Knox Circuit Court. — Ho». Charles D. Stewart, Judge. (1) The findings of fact and judgment in the former suit, case No. 6901, taken in connection with the opinion of the Supreme Court are final upon all parties to that action on all the issues which were submitted to the court in that cause, or which might have been submitted to the court in that cause, and were there determined, until the same have been reviewed, set aside or altered by the action of the circuit court in pursuance of the mandate of the Supreme Court. Crispen v. Hannahan, 50 Mo. 418; Larue v. Kempf, 185 Mo. App.…

1Opinion of the Court

RAILEY, C.

This is the second action brought by plaintiff, against defendants, in the circuit court of Knox County, Missouri, to foreclose the same mortgage on 200 acres of land in said county, the legal title to which stood in the name of defendant, Charles W. Kirby, at the time of the execution of said mortgage. The defendants are husband and wife, and reside at Stronghurst, Illinois. Plaintiff is engaged in the banking business in said city.

On October 15, 1909, defendants executed and delivered to Elmer E. Taylor, four promissory notes, aggregating $7500, due five years after date, which…

2Cases cited3 opinions

  1. Farmers Exchange Bank v. HagelukenSupreme Court of Missouri · 1901
  2. Brown v. DresslerSupreme Court of Missouri · 1894
  3. Teckenbrock v. McLaughlinSupreme Court of Missouri · 1912

3Cited by9 opinions

  1. Reinheimer v. RhedansSupreme Court of Missouri · 1959
  2. Ellis v. WilliamsSupreme Court of Missouri · 1958
  3. Crenshaw v. CrenshawSupreme Court of Missouri · 1918
  4. Dreckshage v. DreckshageSupreme Court of Missouri · 1943
  5. Murawski v. MurawskiMissouri Court of Appeals · 1948

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