Hord v. Taubman
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — How. ¥m. T. "Wood? J udge. Plaintiffs were the beneficiaries and the trustee m a deed of trust purporting to convey an undivided one-half interest in a parcel of land, and in this action sought to enjoin the sale thereof under a prior deed of trust securing an indebtedness which they alleged to have been pai<¿. The property described in the deed of trust under which plaintiffs claimed, was owned by a married woman under a legal title,…
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Appeal from Lafayette Circuit Court. — How. ¥m. T. "Wood? J udge. Plaintiffs were the beneficiaries and the trustee m a deed of trust purporting to convey an undivided one-half interest in a parcel of land, and in this action sought to enjoin the sale thereof under a prior deed of trust securing an indebtedness which they alleged to have been pai<¿. The property described in the deed of trust under which plaintiffs claimed, was owned by a married woman under a legal title, and she and her husband executed the deed of trust with the name of the trustee omitted therefrom. One of the plaintiffs…
1Opinion of the Court
I
Sherwood, J.
The doctrine of this court is well settled as to the effect of the - alteration of instruments when made by those who are interested in them beneficially, and who have them in custody, and in the absence of those who execute them. In our latest adjudication on the subject, (First National Bank v. Fricke, 75 Mo. 178,) where the authorities inclusive of the case of Haskell v. Champion, 30 Mo. 136, are cited and discussed, the doctrine of the case *103last named is followed, that it is contrary to the policy of the law to permit the owner and custodian of an instrument to change it, and…
2Cases cited14 opinions
- First National Bank v. FrickeSupreme Court of Missouri · 1881
- Shroyer v. NickellSupreme Court of Missouri · 1874
- Wilcox v. ToddSupreme Court of Missouri · 1877
- Haskell v. ChampionSupreme Court of Missouri · 1860
- Burnett v. McClueySupreme Court of Missouri · 1883
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Hickman v. GreenSupreme Court of Missouri · 1894
- Craig v. Van BebberSupreme Court of Missouri · 1890
- Flesh v. LindsaySupreme Court of Missouri · 1893
- Mueller v. KaessmannSupreme Court of Missouri · 1884
- Koons v. St. Louis Car Co.Supreme Court of Missouri · 1907
16 more not listed; retrieve them via the Exa API.