Roberts v. Barnes
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) The deed of trust, assailed and sought to be set aside by plaintiff’s bill in this case, should have been declared void by the court below, because the same was executed, acknowledged, certified and delivered, contrary to, and in.violation of, the law of this state, on the first day of the week, “commonly called Sunday.” Jones, Mortgages, 623; Barretv. Tel. Co.,39 Mo. App. 611; Thompson v. Tel.
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Appeal from Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) The deed of trust, assailed and sought to be set aside by plaintiff’s bill in this case, should have been declared void by the court below, because the same was executed, acknowledged, certified and delivered, contrary to, and in.violation of, the law of this state, on the first day of the week, “commonly called Sunday.” Jones, Mortgages, 623; Barretv. Tel. Co.,39 Mo. App. 611; Thompson v. Tel. Co., 32 Mo.App.191; Bernard v. Lupping, 32 Mo. 341; Gwinnv. Simes, 61 Mo. 335; Rogers v. Tel. Co., 78 Ind. 169; Tel. Co. v. Yapst,…
1Opinion of the CourtBrace, P. J.
This is an action in equity by the plaintiff, assignee of a judgment against the defendant Thomas J. Barnes, to set aside a deed of trust executed by the said Barnes and wife, dated the seventeenth day of January, 1891, and certified to have been acknowledged by them on that day by Josiah Hall, J. P., whereby the said Barnes and wife conveyed, subject to a prior deed of trust for $4,500, to defendant W. A. Grooding, a tract of land containing three hundred and twenty acres in Boone county, in trust to secure the payment of four promissory notes, amounting, principal and interest, to about the…
2Cases cited9 opinions
- Boynton v. PageNew York Supreme Court · 1835
- Gwinn v. SimesSupreme Court of Missouri · 1875
- Moore v. MurdockCalifornia Supreme Court · 1864
- Johnson v. BrownSupreme Court of Kansas · 1874
- More v. ClymerMissouri Court of Appeals · 1882
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3Cited by10 opinions
- State v. BaileyWashington Supreme Court · 1903
- Rock Island National Bank v. PowersSupreme Court of Missouri · 1896
- State v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1912
- Pulitzer Publishing Co. v. McNicholsMissouri Court of Appeals · 1913
- Walklin v. HorswillSouth Dakota Supreme Court · 1909
5 more not listed; retrieve them via the Exa API.