Southern Bank v. Nichols
Supreme Court of Missouri
Appeal from Callaway Circuit Court. — Hon. B. S. Byors, Special Judge. (1) The Supreme Court is not bound by the finding of the trial court in an equity case.
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Appeal from Callaway Circuit Court. — Hon. B. S. Byors, Special Judge. (1) The Supreme Court is not bound by the finding of the trial court in an equity case. Bank v. Nichols, 202 Mo. 309; Lacks v. Bank, 204 Mo. 479; Waddington v. Lane, 202 Mo. 415; N. E. Trust Co. v. Browne, 177 Mo. 412; Swon v. Stevens, 143 Mo. 396; Benne v. Schnecko, 100; Mo. 251. (2) The marriage of Mary A. Nichols and R. H. Nichols having taken place in the year 1862, that is, prior to the taking effect of the Married Woman’s Act of March 25, 1875 (Laws 1875, p. 61), the right of the husband, R. H. Nichols, to the…
1Opinion of the Court
STATEMENT.
BOND, C.
— This case was here on a former appeal, 202 Mo. 309. In that ease the only issue was the validity of a quitclaim deed made by R. TI. Nichols to his children (which his wife refused to sign) as against a purchaser of the land at execution sale under a judgment against the grantor, obtained subsequently to the deed.
The wife of the grantor in said quitclaim deed “having refused to sign it,” this court reversed and remanded the cause. Thereupon, the plaintiff corporation filed an amended petition, stating, in substance, that it was a judgment creditor of R. H. Nichols, who…
2Cases cited7 opinions
- DeBerry v. WheelerSupreme Court of Missouri · 1895
- Winn v. RileySupreme Court of Missouri · 1899
- Scrutchfield v. SauterSupreme Court of Missouri · 1894
- Southern Bank v. NicholsSupreme Court of Missouri · 1907
- Terry v. WilsonSupreme Court of Missouri · 1876
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3Cited by3 opinions
- Feltham v. BlunckIdaho Supreme Court · 1921
- Williams v. KeefSupreme Court of Missouri · 1912
- Short v. ThomasMissouri Court of Appeals · 1914