Godfrey v. Stock
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. (1) Under the facts stated in the petition, the plaintiff was entitled to redeem the real estate in question, so that the demurrer to the petition was improperly sustained.
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Appeal from St. Louis City Circuit Court. (1) Under the facts stated in the petition, the plaintiff was entitled to redeem the real estate in question, so that the demurrer to the petition was improperly sustained. Revised Statutes, secs. 7079, 7080; Updike v. Elevator Co., 96 Mo. 160. (2) The defendant having appeared in the circuit court on the application of plaintiff to give the bond required by Revised Statutes, section 7080, and opposed the application, was precluded from afterwards claiming that the bond was not executed within a reasonable time. (3) The finding of the circuit court to…
1Opinion of the CourtMacfaklane, J.
We adopt the statement of counsel for respondent as giving a fair and concise abstract of the petition:
“This case comes here on plaintiff’s appeal from the judgment of the circuit court, sustaining a demurrer to his petition. The petition states, in substance, that at and prior to February 11, 1890, plaintiff was the owner of a lot of ground on Walnut street, in the city of St. Louis; that on January 11,1888, he had executed his deed of trust upon said premises to secure to one William M. Nolan the payment of an indebtedness for $5,000, in which deed of trust William A. Meagher was named as…
2Cases cited2 opinions
- Updike v. Merchants' Elevator Co.Supreme Court of Missouri · 1888
- Vanmeter v. DarrahSupreme Court of Missouri · 1893
3Cited by2 opinions
- White v. SmithSupreme Court of Missouri · 1903
- Union Central Life Insurance v. RogersSupreme Court of Missouri · 1900