Wolff v. Ward
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. (1) If the sale was void, as alleged, Hughes and Gr. P. Wolff, or Gr. P. Wolff alone, became the legal owner of the mortgage. Brown v. Smith, 116 Mass. 108; Jackson v. Bowan, 7 Cowen, 13; Vroom v. Ritmas, 4 Paige, 526; Robinson v. Ryan, 25 N. Y. 370. (2) There was no equitable relief necessary to put plaintiff, Greo.
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Appeal from St. Louis City Circuit Court. (1) If the sale was void, as alleged, Hughes and Gr. P. Wolff, or Gr. P. Wolff alone, became the legal owner of the mortgage. Brown v. Smith, 116 Mass. 108; Jackson v. Bowan, 7 Cowen, 13; Vroom v. Ritmas, 4 Paige, 526; Robinson v. Ryan, 25 N. Y. 370. (2) There was no equitable relief necessary to put plaintiff, Greo. P. Wolff, in a position to institute a suit for a foreclosure of the deed of trust, if it was still in force, and hence the foreclosure was purely at law, and respondent was entitled to a trial by jury. Smith v. Finn, 77 Mo. 499 ; Nolan…
1Opinion of the CourtTixomas, J.
— On January 20, 1888, the plaintiffs filed their petition in this cause on which summons was issued and served on Catherine Ward and Edward Ward, defendants, on the same day (Friday). The case was assigned to courtroom number 1.
The original petition is not sent up in the record, and, hence, we are not able to determine what it contained, but we have -a right to presume, and the argument of the appellants’ counsel in this court virtually concedes, that it set forth, substantially, the same cause of action against the defendants, as is set forth in the amended petition. On the twenty-third day…
2Cases cited26 opinions
- Sayles v. SmithNew York Supreme Court · 1834
- Stearns v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1887
- Jackson ex dem. Rogers v. ClarkNew York Supreme Court · 1810
- Johnson v. HoustonSupreme Court of Missouri · 1871
- Fuggle v. HobbsSupreme Court of Missouri · 1868
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3Cited by17 opinions
- Handlan v. HandlanSupreme Court of Missouri · 1950
- Howard v. StrodeMissouri Court of Appeals · 1907
- State ex rel. Wyandotte Lodge No. 35 of the Independent Order of Odd Fellows v. EvansSupreme Court of Missouri · 1903
- Fogus v. Chicago & Alton RailroadMissouri Court of Appeals · 1892
- Kline Cloak & Suit Co. v. MorrisSupreme Court of Missouri · 1922
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