Real Estate Saving Inst. v. Collonious
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The proceedings in the Supreme Court prosecuted by the plaintiff to reverse the judgment rendered in the land court, did not constitute notice under the circumstances of this case. I. The bond taken was inadequate to indemnify the defendants against the injury of tying up their property. After final decree in favor of defendants, in an injunction suit, the restraining effect of the injunction is dissolved.
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Appeal from St. Louis Circuit Court. The proceedings in the Supreme Court prosecuted by the plaintiff to reverse the judgment rendered in the land court, did not constitute notice under the circumstances of this case. I. The bond taken was inadequate to indemnify the defendants against the injury of tying up their property. After final decree in favor of defendants, in an injunction suit, the restraining effect of the injunction is dissolved. Why should a Us pendens be of greator force than an injunction? If during the appeal the defendant disposed of the property, the judgment at the next…
1Opinion of the CourtSherwood, Judge
Plaintiff sues in ejectment for the recovery of a lot on the corner of Ninth and Buchanan streets in the city of St. Louis.
The answer of defendant was a statutory general denial, and also an equitable defense showing that a partition sale on which plaintiff’s title was ultimately dependent, had been set aside and the -deed made in conformity thereto canceled by the decree of a court of equity; that while the proceedings were pending in that court, plaintiff, with notice of. such pendency, loaned W. O. Martin, who had purchased at the sale sought to be set aside, a sum of money, and- that…
2Cases cited11 opinions
- Stewart v. CaldwellSupreme Court of Missouri · 1874
- Pratt v. ClarkSupreme Court of Missouri · 1874
- Primm v. RaboteauSupreme Court of Missouri · 1874
- Turner v. BabbSupreme Court of Missouri · 1875
- Rozier v. GriffithSupreme Court of Missouri · 1860
6 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- State Ex Rel. Leonardi v. SherrySupreme Court of Missouri · 2004
- Baile v. St. Joseph Fire & Marine InsuranceSupreme Court of Missouri · 1881
- Hanson v. NealSupreme Court of Missouri · 1908
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- Rains v. MoulderSupreme Court of Missouri · 1936
39 more not listed; retrieve them via the Exa API.