Harwood v. Toms
Supreme Court of Missouri
Appeal from De Kalb Circuit Court. — Hon. C. H. S. Goodman, Judge. (1) The note and trust deed, under which respondent claims, were made to A. W. Frederick, J. T. House, and J. F. Harwood (respondent) as joint obligees. The whole transaction was repudiated by J. T. House.
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Appeal from De Kalb Circuit Court. — Hon. C. H. S. Goodman, Judge. (1) The note and trust deed, under which respondent claims, were made to A. W. Frederick, J. T. House, and J. F. Harwood (respondent) as joint obligees. The whole transaction was repudiated by J. T. House. Henry v. Township, 70 Mo. 500; 1 Parsons on Contracts [6 Ed.], side paging 21 to 26; Claris v. Cable, 21 Mo. 223; Ryan v. Riddle, 78 Mo. 521; Rainey v. Smiser, 28 Mo. 310; Dewey v. Carey, 60 Mo. 224; Bishop on Contracts, sec. 875, and cases there cited. (2) Either one of the three joint obligees, Frederick, House, or…
1Opinion of the CourtBaeclav, J.
The present appeal deals with an issue in ejectment, upon which an equitable suit has been engrafted.
The record opens with a preliminary proceeding based on a petition (filed, September 17,1889) containing, first, a statutory count to quiet title to the land in dispute (R. S. 1889, sec. 2092), and, then, a count in equity to enjoin defendants from prosecuting certain actions for unlawful detainer and replevin until the determination of the title to the land.
Mr. Toms, the party in possession, was plaintiff in that petition, and Messrs. Orr, Harwood, Frederick and Oaks were defendants. In due…
2Cases cited1 opinion
- State ex rel. Gordon v. HopkinsSupreme Court of Missouri · 1885
3Cited by10 opinions
- Harry and Florence Kelley v. Natl. Lead Co.Missouri Court of Appeals · 1948
- Stripe Ex Rel. Shannon v. MeffertSupreme Court of Missouri · 1921
- Beiseker v. SvendsgaardNorth Dakota Supreme Court · 1914
- Schwartzman v. London & Lancashire Fire InsuranceSupreme Court of Missouri · 1928
- Bloch Queensware Co. v. Smith, Saxton & Co.Missouri Court of Appeals · 1904
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