Fischer v. Johnson
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Richaed Field, Judge. (1) The evidence of fraud in the execution of the deed of trust was improperly admitted. First. No allegation of fraud was made in any of the pleadings. Bigelow on Fraud, ch. 8, secs. 1, 2, p. 114. Second. No rights claimed by any of the defendants in this suit could be affected by such pretended fraud. Third.
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Appeal from the Saline Circuit Court. — Hon. Richaed Field, Judge. (1) The evidence of fraud in the execution of the deed of trust was improperly admitted. First. No allegation of fraud was made in any of the pleadings. Bigelow on Fraud, ch. 8, secs. 1, 2, p. 114. Second. No rights claimed by any of the defendants in this suit could be affected by such pretended fraud. Third. A deed of trust, regular on its face, cannot be attacked or set aside for fraud in a replevin suit; it can only be attacked by the grantor in the deed of trust, or one claiming under him in a direct proceeding to set the…
1Opinion of the CourtEllison, J.
About March 1,1890, plaintiff rented a farm of defendant Johnson for one year, and went into possession. The following fall he sold to his said landlord, Johnson, the right to enter and sow. a portion of said farm in the wheat and rye, from which grew the grain in controversy. In the following year, plaintiff being still in possession, but as tenant of another party, Johnson entered, cut and shocked the grain, against plaintiff’s consent, as is alleged.
Before plaintiff rented of Johnson, he, Johnson, had given a Meed of trust on the premises, and a sale under this deed of trust took place…
2Cases cited14 opinions
- Morgan v. VarickNew York Supreme Court · 1832
- Woods v. HilderbrandSupreme Court of Missouri · 1870
- Pease v. Pilot Knob Iron Co.Supreme Court of Missouri · 1871
- Johnson v. HoustonSupreme Court of Missouri · 1871
- Hayden v. BurkemperSupreme Court of Missouri · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Reed v. SwanSupreme Court of Missouri · 1896
- Fischer v. JohnsonSupreme Court of Missouri · 1897
- Timothy v. HicksMissouri Court of Appeals · 1942
- Walton v. FudgeMissouri Court of Appeals · 1895
- Fowler v. CarrMissouri Court of Appeals · 1895
7 more not listed; retrieve them via the Exa API.