Robertson v. Reed
Missouri Court of Appeals
Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) The eight-hundred-dollar note and deed of trust have never been settled nor satisfied. The testimony, in order to establish this, should be clear, cogent and reasonable; in its character, clear and forcible; in its nature, positive and definite.
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Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) The eight-hundred-dollar note and deed of trust have never been settled nor satisfied. The testimony, in order to establish this, should be clear, cogent and reasonable; in its character, clear and forcible; in its nature, positive and definite. Ells v. Railroad, 51 Mo. 200;. Forrester v. Serville, 51 Mo. 268; Ringo v. Richardson, 53 Mo. .396; Reiser v. Gammon, 95 Mo. 218; Jackson *. Wood, 88 Mo. 78; Johnson v. Quarles, 46 Mo. 423; Forrester v. Moore, 77 Mo. 657; 1 Story Eq., secs. 762, 763, 764, 770; Morey v. Staley,…
1Opinion of the CourtSmith, P. J.
The plaintiffs, who were husband and wife, filed their petition to restrain the sale, under a deed of trust, of a lot and building, in the town of Higginsville, owned by the wife. The grounds for asking thé injunction were: First. That the wife never executed the deed of trust, and, second, that the note of eight hundred dollars (1800), described therein, had been paid and settled. After answer, the defendants filed a motion to dissolve. The cause was heard by the court and the temporary injunction made perpetual.
It appears, from the evidence, that Adam Reed, who traded in the name of his…
2Cases cited5 opinions
- Williams v. EdwardsSupreme Court of Missouri · 1887
- Stanton v. RyanSupreme Court of Missouri · 1867
- Nichols, Shepard & Co. v. JonesMissouri Court of Appeals · 1888
- Hensgen v. MullallyMissouri Court of Appeals · 1886
- Nipper v. JonesMissouri Court of Appeals · 1887
3Cited by6 opinions
- Clark v. ThiasSupreme Court of Missouri · 1903
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- Baer v. PfaffMissouri Court of Appeals · 1891
- Bone v. FridayMissouri Court of Appeals · 1914
- Nelson v. Kansas City, Fort Scott & Southern Railway Co.Missouri Court of Appeals · 1896
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