Dobyns v. Meyer

ON MOTION BOB, RE-HEARING-.

K,ombatter, J.,

delivered the opinion of the court.

Our attention is now called for the first time to the case of Armstrong v. Tuttle (34 Mo. 432), which seems to be in direct conflict with the case of Greeley v. Reading (74 Mo. 309), upon the authority of which the judgment of the trial court herein was affirmed.

The point that the deed, though void as to creditors, became validated by taking possession under it, was expressly made in Armstrong v. Tuttle, supra, as appears by the appellants’ brief, on page 444, and yet the court in its opinion on page 446, holds that…