George v. Somerville
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) Florida had the right to call upon defendants, Penny and Boucher, to release the deed of trust of record. He held and controlled it at the time, and their release was legally operative. The doctrine of subrogation could not be invoked by plaintiffs under the facte as disclosed by the evidence in the case.
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Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) Florida had the right to call upon defendants, Penny and Boucher, to release the deed of trust of record. He held and controlled it at the time, and their release was legally operative. The doctrine of subrogation could not be invoked by plaintiffs under the facte as disclosed by the evidence in the case. Grady v. O’Reilly, 116 Mo. 346; Bunn v. Lindsay, 95 Mo. 250. (2) At best, plaintiff’s equity was k latent one, which can not be enforced against appellants, who were subsequent bona fide purchasers, without…
1Opinion of the CourtValliant, J.
This is a suit in equity to set aside a deed of release of a deed of trust. The facts of the case are *10as follows: On July '22, 1892, one McDonald, being then the owner of certain real estate in the city of St. Louis, described in the petition, executed his promissory note for $5,500, payable six months after date to his own order, which he indorsed and delivered to one Alonzo K. Florida, and at the same time executed a deed conveying the real estate mentioned to defendant Penny in trust to secure the note, which deed was delivered with the note to Florida. The plaintiffs then at the request…
2Cases cited17 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- National Bank v. WhitneySupreme Court of the United States · 1881
- Benne v. SchneckoSupreme Court of Missouri · 1889
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Burrus v. CookSupreme Court of Missouri · 1908
- Long v. MasonSupreme Court of Missouri · 1918
- George v. SurkampSupreme Court of Missouri · 1934
- Meyer v. RitterCourt of Appeals for the Eighth Circuit · 1920
- Burrus v. CookMissouri Court of Appeals · 1906
5 more not listed; retrieve them via the Exa API.