Heffernan v. Ragsdale
Supreme Court of Missouri
Appeal from Green© Circuit Court. — Eon. Jas. T. Ne-ville, Judge. Respondent is not an innocent purchaser for value. Young v. Schofield, 132 Mo. 650. The plea of being an innocent purchaser is an affirmative defense, and must be supported by affirmative evidence. The onus lies on the pleader. Holsa v. Holsa, 8 Mo. 303; Sillyman v. King, 36 Iowa 308; Frost v. Beekman, 1 Johns. Ch. 288; Jewett v. Palmer, 7 Johns. Ch. 65; Holdsworth v. Shannon, 1'13 Mo. 525 ; Ins.
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Appeal from Green© Circuit Court. — Eon. Jas. T. Ne-ville, Judge. Respondent is not an innocent purchaser for value. Young v. Schofield, 132 Mo. 650. The plea of being an innocent purchaser is an affirmative defense, and must be supported by affirmative evidence. The onus lies on the pleader. Holsa v. Holsa, 8 Mo. 303; Sillyman v. King, 36 Iowa 308; Frost v. Beekman, 1 Johns. Ch. 288; Jewett v. Palmer, 7 Johns. Ch. 65; Holdsworth v. Shannon, 1'13 Mo. 525 ; Ins. Co. v. Smith, 117 Mo. 294; Young v. Schofield, 132 Mo. 663. In order for a party to assume the role of innocent purchaser, he must be…
1Opinion of the CourtGraves, J.
Appellant brought suit in the circuit court of Greene county and in his petition asked the court to define the title of himself and respondent in and to four lots in Boulevard addition to the city of Springfield, Missouri. The petition is in the usual form except that it specifically points to the manner in which respondent claims title, in this language:
‘ ‘ The plaintiff states that the defendant has placed on record a deed indicating that he claims a title to said lots. Wherefore plaintiff prays this honorable court to ascertain under section 650, chapter 8, article 5, of the Revised…
2Cases cited3 opinions
- Macklin v. AllenbergSupreme Court of Missouri · 1889
- Gott v. PowellSupreme Court of Missouri · 1867
- Johnson v. Stebbins-Thompson Realty Co.Supreme Court of Missouri · 1902
3Cited by9 opinions
- Brown v. TrentSupreme Court of Oklahoma · 1912
- Cross v. GouldMissouri Court of Appeals · 1908
- Ealy v. McGahenNew Mexico Supreme Court · 1933
- Abington v. TownsendSupreme Court of Missouri · 1917
- Broad Street National Bank v. Lit BrosSupreme Court of Pennsylvania · 1931
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