Bank of Kentucky v. Poyntz
Supreme Court of Missouri
Error to Carroll Circuit Court. I. The balance due from Dawson and liis notes to the trustees, are tied up by the Kentucky suit, which was brought prior to and not divested of the jurisdiction by the present one. The decree' of the court below compels defendant to pay the money, and leaves his notes outstanding, on which he may be again sued. II.
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Error to Carroll Circuit Court. I. The balance due from Dawson and liis notes to the trustees, are tied up by the Kentucky suit, which was brought prior to and not divested of the jurisdiction by the present one. The decree' of the court below compels defendant to pay the money, and leaves his notes outstanding, on which he may be again sued. II. The court finds there was a lien for the unpaid purchase money retained by the terms of the deed, and the trust éstate cannot lose the lien.. Hence, the court should not go outside of the issues involved in this suit, and order this payment. III. The…
1Opinion of the CourtNapton, Judge
The only question in this case is'as to the propriety of the dual decree of the Circuit Court. There is no controversy about the facts and the evidence at the hearing is not therefore preserved in the record.
All the parties, plaintiffs and defendants, are non-residents. Abont the year 1855, a mercantile house in Kentucky failed in business, and were debtors in a large sum to the plaintiffs and other creditors, and made a deed 'of trust of all their property, consisting of lands in Missouri, Alabama, Mississippi and other States to two of the defendants named Poyntz, *533for the benefit of their…
2Cited by3 opinions
- Hoester v. HemsathMissouri Court of Appeals · 1885
- Dougherty v. AdkinsSupreme Court of Missouri · 1884
- Lamont v. Lamont Crystallized Egg Co.Missouri Court of Appeals · 1904