Mayes v. Robinson
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. N. M. G-ivan, Judge. (1) The general denial of notice charged in the petition was insufficient to base the defence of innocent purchaser for value without notice upon. The charge should have been specially denied, and the answer affirmatively •alleged that he was such purchaser. Frost v. Beckman, 1 Johns. Ch. 288; Murray v. Ballou, 1 Johns. Ch. 566; Murray v. Finster, 2 Johns. Ch. 155; Jewellv. Palmer, 7 Johns.
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Appeal from Johnson Circuit Court. — Hon. N. M. G-ivan, Judge. (1) The general denial of notice charged in the petition was insufficient to base the defence of innocent purchaser for value without notice upon. The charge should have been specially denied, and the answer affirmatively •alleged that he was such purchaser. Frost v. Beckman, 1 Johns. Ch. 288; Murray v. Ballou, 1 Johns. Ch. 566; Murray v. Finster, 2 Johns. Ch. 155; Jewellv. Palmer, 7 Johns. Ch. 65; Falsee v. Halsee, 8 Mo. 303. (2) The note having been given for part of the purchase money of the real estate, the title to which had…
1Opinion of the CourtBrace, J.
In March, 1873, James C. Rogers died, seized in fee of the one hundred and twenty acres of land described in the petition, leaving surviving him his widow, Sarah J., who afterwards intermarried with Payette P. Payne, and one child, Thomas, aged about two years. In October, 1876, said real estate, in a proceeding in the probate court of Johnson county, in which county the same was situate, was set off to said widow and child as a homestead. On the second day of November, 1876, the said Sarah J. sold, for the consideration of fifteen hundred dollars, and, with her husband, conveyed by general…
2Cases cited8 opinions
- Carpenter v. LonganSupreme Court of the United States · 1873
- Hamilton v. MarksSupreme Court of Missouri · 1876
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Logan v. SmithSupreme Court of Missouri · 1876
- Johnson v. McMurrySupreme Court of Missouri · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Pope v. BeauchampTexas Supreme Court · 1920
- Downs v. HortonSupreme Court of Missouri · 1921
- West v. First Bap. Ch. of TaftTexas Supreme Court · 1934
- Jennings v. ToddSupreme Court of Missouri · 1893
- Borgess Investment Co. v. VetteSupreme Court of Missouri · 1898
38 more not listed; retrieve them via the Exa API.