Young v. Coleman
Supreme Court of Missouri
Error to First District Court. At the time o£ the purchase of the land in controversy by Cason, he was notified of the existence of the first and second deeds, both constructively and actually.
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Error to First District Court. At the time o£ the purchase of the land in controversy by Cason, he was notified of the existence of the first and second deeds, both constructively and actually. After his purchase Cason took possession of the land and put defendant Coleman thereon as tenant; and afterward there was a sale under the deed of trust, and Young, the plaintiff, became the purchaser, and commenced this suit to recover the possession of said real estate, and for damages. The defendant answered, denying the facts set up in the petition, and pleaded the statute of frauds and the statute…
1Opinion of the CourtBliss, Judge
Plaintiff filed his petition in the Cole County Circuit Court, setting forth that on the 10th of February, 1858, one Cordell executed to one Parsons a deed of trust, for plaintiff’s use, to secure him as indorser upon a note of $1,400 to the Fayette Branch Bank; that a mistake was made in the description of part of the land, and to cure it another deed of trust was executed, July 26, 1859, by Cordell, to the same trustee for the same use; that in 1864, the trustee having left the State, the Circuit Court appointed the sheriff to execute the trust, who offered the land for sale, and it was bid…
2Cases cited2 opinions
- Peyton v. RoseSupreme Court of Missouri · 1867
- Simmons v. NorthMississippi Supreme Court · 1844
3Cited by7 opinions
- Martin v. NixonSupreme Court of Missouri · 1887
- American Bank v. BraySupreme Court of Missouri · 1928
- Kemper, Hundley & McDonald Dry Goods Co. v. George A. Kennard Grocer Co.Missouri Court of Appeals · 1897
- Young v. CasonSupreme Court of Missouri · 1871
- Michigan Buggy Co. v. WoodsonMissouri Court of Appeals · 1894
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