City of St. Louis v. Priest
Supreme Court of Missouri
Appeal from SI. Louis City Circuit Court. — IIon. James A. Seed on, Judge. (1) The court erred in excluding testimony offered by defendant. Wilson v. Albert, 89 Mo. 545. (2) The notes of defendant and John J. Anderson were, as matter of fact, canceled in December, 1864, and the deeds of trust were then delivered to the grantor, John Gr. Priest. That was a complete release of the deeds of trust.
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Appeal from SI. Louis City Circuit Court. — IIon. James A. Seed on, Judge. (1) The court erred in excluding testimony offered by defendant. Wilson v. Albert, 89 Mo. 545. (2) The notes of defendant and John J. Anderson were, as matter of fact, canceled in December, 1864, and the deeds of trust were then delivered to the grantor, John Gr. Priest. That was a complete release of the deeds of trust. Mortgages, though under seal, may be released by parol. 1 Hill on Mortg. 519 ; Wallis v. Long, 16 Ala. 738. (3) By the extinguishment of the debt, ipso facto, the perfect legal title relapsed to the…
1Opinion of the CourtMacfarlane, J.
The evidence in this case shows that, in the year 1859, the city of St. Louis sold and conveyed to defendant Priest and one John J. Anderson certain lots in the city of St. Louis ; that, at the same time, Priest and Anderson conveyed the same property *655to one Stephen Hoyt as trustee to secure certain notes made by them to the plaintiff, the city of St. Louis. Those notes were given as part of the purchase price of the lots. In December, 1864, some of these notes remaining unpaid, a sale was made under the power contained in the deed of trust, and the city became the purchaser for the amount of…
2Cases cited6 opinions
- Wilcoxon v. OsbornSupreme Court of Missouri · 1883
- Gray v. GivensSupreme Court of Missouri · 1858
- Davis v. BowmarMississippi Supreme Court · 1878
- Honaker v. ShoughSupreme Court of Missouri · 1874
- Bowman v. LeeSupreme Court of Missouri · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ivy v. YanceySupreme Court of Missouri · 1895
- Eyermann v. PironSupreme Court of Missouri · 1899
- Combs v. GoldsworthySupreme Court of Missouri · 1891
- Sell v. McAnawSupreme Court of Missouri · 1900