Tate v. Sanders
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Daniel G. Taylor and Eon. Eugo Muench, Judges. (1) The court erred in overruling appellant’s plea in abatement. Robbins v. Conley, 47 Mo. App. 506; Humphries v. Dawson, 38 Ala. 204; Rizer v. Gillpatrick, 67 Kan. 567; Sherwood v. Hammond, 4 Blackf. (Ind.) 504; Eicman v. State, 75 Ind. 46; Bank v. Bank, 7 Gill. (Md.) 428; Webster v. Randall, 19 Pick.
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Appeal from St. Louis City Circuit Court. — Eon. Daniel G. Taylor and Eon. Eugo Muench, Judges. (1) The court erred in overruling appellant’s plea in abatement. Robbins v. Conley, 47 Mo. App. 506; Humphries v. Dawson, 38 Ala. 204; Rizer v. Gillpatrick, 67 Kan. 567; Sherwood v. Hammond, 4 Blackf. (Ind.) 504; Eicman v. State, 75 Ind. 46; Bank v. Bank, 7 Gill. (Md.) 428; Webster v. Randall, 19 Pick. (Mass.) 20; Wales v. Jones, 1 Mich. 245; Calliman v. Railroad, 61 Mich. 15; Bickerton v. Burrell, 5 Maule & Selwyn, 383; 16 Cyc. 773; McDermott v. Barnum, 19 Mo. 208; Snodgrass v. Emery, 66 Mo. App.…
1Opinion of the Court
ROY, C.
— This is a proceeding to quiet title brought in the circuit court of the city of St. Louis.
The petition alleges that the plaintiff is the owner subject to a deed of trust given to secure the payment of $12,500 and interest to Deacon & Lambert, trustees, who are made parties.
The defendant Sanders answered and by counterclaim sought to have the title of plaintiff and the deed of trust to Deacon & Lambert rdeclared invalid. The trial court held that the deed of trust was valid and *194that the title of Tate was subject to that deed of trust; and subject to a judgment lien held by the…
2Cases cited3 opinions
- Briscoe v. BronaughTexas Supreme Court · 1846
- Crocker v. . LewisNew York Court of Appeals · 1894
- St. Joseph Manufacturing Co. v. DaggettIllinois Supreme Court · 1877
3Cited by7 opinions
- Curtiss v. CrooksWashington Supreme Court · 1937
- Title Guaranty & Insurance v. CampbellNew Mexico Court of Appeals · 1987
- Rubinstein v. RubinsteinSupreme Court of Missouri · 1955
- State ex rel. Leverage Investment Enterprises, Ltd. v. YeamanMissouri Court of Appeals · 1979
- Deutsche Bank National Trust Co. v. VaughnMissouri Court of Appeals · 2017
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