Legal Opinion

Shields v. Bogliolo

Supreme Court of Missouri

Decided August 15, 1841PublishedCited by 6 opinions

1st. That upon the proofs in the cause the chancellor, upon the receision of the contract, ought to have given complainants interest upon the money paid, down to the time of pronouncing Of the decree, from the time it was paid. 2d. That the decree should have given the costs of the proceedings at law and in chancery to complainants, and that the court erred in overruling the motion for a new hearing as prayed for.

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1st. That upon the proofs in the cause the chancellor, upon the receision of the contract, ought to have given complainants interest upon the money paid, down to the time of pronouncing Of the decree, from the time it was paid. 2d. That the decree should have given the costs of the proceedings at law and in chancery to complainants, and that the court erred in overruling the motion for a new hearing as prayed for. See 1 Dana’s Rep. 421, Taylor v. Porter; same book, 478, Johnson v. Tool; same book, 594, Wick-liffe v. Clay The only question presented for the consideration of this court, is…

1Opinion of the Court

Opinion of the Court by

Napton, Judge.

The appellants filed their bill in chancery, praying an injunction against two judgments at law, obtained against them in favor of the appellee. The complainants allege in *135their bill, that the consideration of the notes upon which judgment had been obtained, was a tract of land two hundred arpens, lying in the county of Cooper, and sold to them by defendant for the sum of $1700, in the year 1836. That complainants paid $400 in cash, and executed two notes for $1000, payable in one and two years, and one note for $300, to be paid when satisfactory evidence…

2Cases cited1 opinion

  1. French v. HowardCourt of Appeals of Kentucky · 1814

3Cited by6 opinions

  1. Turner v. JohnsonSupreme Court of Missouri · 1888
  2. Ankeny v. ClarkWashington Supreme Court · 1889
  3. Nutter v. BrownWest Virginia Supreme Court · 1905
  4. Empey v. Northwestern & Pacific HypotheekbankWashington Supreme Court · 1924
  5. Wilson v. DrumriteSupreme Court of Missouri · 1857

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