Edmonston v. Carter
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — So». E. M. Hughes, Judge. (1) The judgment entered in the case of Roden v. Helm et al. is void for lack of description of the property in mortgage. Jones on Mortgages, secs. 65 and 66. (2) The judgment of foreclosure in that case and the sheriff’s deed thereunder is void. Mcllvaine v. Smith, 42 Mo. 45; Lackland v. Garesche, 56 Mo. 269; Lackland v. Smith, 5 Mo.
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Appeal from Audrain Circuit Court. — So». E. M. Hughes, Judge. (1) The judgment entered in the case of Roden v. Helm et al. is void for lack of description of the property in mortgage. Jones on Mortgages, secs. 65 and 66. (2) The judgment of foreclosure in that case and the sheriff’s deed thereunder is void. Mcllvaine v. Smith, 42 Mo. 45; Lackland v. Garesche, 56 Mo. 269; Lackland v. Smith, 5 Mo. App. 153; Lambert v. Haydel, 96 Mo. 439; Partridge v. Cavender, 96 Mo. 542; Block v. Morrison, 112 Mo. 343. (3) The limitation of the terms of the trust by Turner in accepting the deeds from Robey,…
1Opinion of the CourtYalliant, J.
This is an action of ejectment for 240 acres of land in Audrain county.
The real defendants are A. Gr. Turner, who claims to hold the legal title in trust for certain purposes, and the widow and children of Thomas Helm, who was a defendant, but who has died since the judgment in the case and while it has been pending in this court on appeal.
The defendants endeavored to convert the action into a suit in equity by pleading in their answers certain matters which they conclude render the judgment in a certain other suit against them, out of which they assert that the plaintiff’s claim of title…
2Cases cited1 opinion
- Shirley v. FearneMississippi Supreme Court · 1857
3Cited by6 opinions
- Rodney v. GibbsSupreme Court of Missouri · 1904
- Turner v. EdmonstonSupreme Court of Missouri · 1908
- Roden v. HelmSupreme Court of Missouri · 1905
- State ex rel. Buchanan County v. PattonSupreme Court of Missouri · 1917
- Vantine v. ButlerSupreme Court of Missouri · 1913
1 more not listed; retrieve them via the Exa API.