State Bank v. Frame
Supreme Court of Missouri
Appeal from Saline Circuit Court. — Hon. Richard Field, Judge. (1) The deed to Samuel O. James, trustee for Lucy Doran, vested the legal title to the land in controversy in .said trustee, if said deed was made for a valuable consideration, and without actual notice upon part of said trustee or Lucy Doran of the prior unrecorded deed of trust. The defendants’ right was not a mere equity.
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Appeal from Saline Circuit Court. — Hon. Richard Field, Judge. (1) The deed to Samuel O. James, trustee for Lucy Doran, vested the legal title to the land in controversy in .said trustee, if said deed was made for a valuable consideration, and without actual notice upon part of said trustee or Lucy Doran of the prior unrecorded deed of trust. The defendants’ right was not a mere equity. They had the legal title, and were entitled to a verdict upon the legal defense set up in the answer. 1 Revised Statutes, 1889, sec. 2420; Youngblood v. Vastme, 46 Mo. 239; Hetsellv. Barbour, 69 N. Y. 1;…
1Opinion of the CourtMacfarlane, J.
The suit is ejectment, commenced in Morgan county, to recovér two hundred and forty-two and one-half acres of land situate in said *506county. The answer of defendant Frame was a general denial. Samuel C. James, trustee for Lucy Doran, Lucy Doran herself and her husband, Benj. F. Doran, were made defendants on their own motion and filed an answer setting up a general denial and an equitable defense. Defendant Frame was the tenant of defendant James, who claimed the land as trustee for.Mrs. Doran. By their equitable defense they charged that plaintiffs’ only claim of title was under a deed of…
2Cases cited23 opinions
- Dickerson v. TillinghastNew York Court of Chancery · 1833
- Crawford v. SpencerSupreme Court of Missouri · 1887
- Davis v. OwnsbySupreme Court of Missouri · 1851
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Garnhart v. FinneySupreme Court of Missouri · 1867
18 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Borgess Investment Co. v. VetteSupreme Court of Missouri · 1898
- State Savings Bank v. BuckSupreme Court of Missouri · 1894
- Sutton v. FordSupreme Court of Georgia · 1916
- First National Bank v. RohrerSupreme Court of Missouri · 1897
- Williams v. KirkMissouri Court of Appeals · 1897
33 more not listed; retrieve them via the Exa API.