Estes v. Richards
Missouri Court of Appeals
Appeal form Boone Circuit Court. — Hon. N. D. Thurmond, Judge. (1) Plaintiff’s judgments constituted a lien upon the land subject to the deed of trust. Defendant Settle, after agreeing to pay the notes and' taking the land subject to the lien of these judgments, could not, by his own default in the performance of his contract, procure a foreclosure of the mortgage.
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Appeal form Boone Circuit Court. — Hon. N. D. Thurmond, Judge. (1) Plaintiff’s judgments constituted a lien upon the land subject to the deed of trust. Defendant Settle, after agreeing to pay the notes and' taking the land subject to the lien of these judgments, could not, by his own default in the performance of his contract, procure a foreclosure of the mortgage. This operated as a fraud upon the plaintiffs, and any fraudulent conveyance to the injury of another can be reached and avoided in equity. Wait on Fraudulent Conveyances, sec. 24; 20 Cyc. 349. (2) Defendant Settle sold the land to…
1Opinion of the CourtBroaddus, P. J.
— This suit is for the purpose of setting aside a sale made by the trustee in a deed of trust and that a judgment of plaintiffs against the grantor in the deed of trust be made a lien on the land sold and conveyed by said trustee.
The facts are not in dispute. They are substantially as follows: On the first day of March, 1909, the defendant. Settle sold to defendant Richards eighty acres of land in Boone county for the sum of forty-eight hundred dollars. Richards gave in part payment for the land his two promissory notes, one for $2500, due in five years from date, and one for $1250, due one…
2Cases cited2 opinions
- Pratt v. ConwaySupreme Court of Missouri · 1899
- Smith v. DavisMissouri Court of Appeals · 1901
3Cited by1 opinion
- Hawkins v. AlcornMissouri Court of Appeals · 1985