Little v. Reid
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. J. A. Hockaday, Judge. (1) Sufficient facts were not stated to entitle plain-■ tiff to any equitable relief; and even if all the facts as stated were true, they did not constitute a cause of action.
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Appeal from the Boone Circuit Court. — Hon. J. A. Hockaday, Judge. (1) Sufficient facts were not stated to entitle plain-■ tiff to any equitable relief; and even if all the facts as stated were true, they did not constitute a cause of action. No reasons were given why plaintiff had slept on his rights for so many years; nor why he had failed to have the trustee (who was his son, Joseph Little) to advertise under the deed of trust, and sell the land before the note was barred by the statute of limitations. The court also erred in admitting in evidence the note and deed of trust signed by…
1Opinion of the Court
Smith, P. J. —
This cause was certified here by the supreme court for the reason that it was without the appellate jurisdiction of that court.
*269The action was begun April 19, 1895. Its' objects were to foreclose a deed of trust conveying certain real estate and to obtain judgment for the debt thereby secured. The deed of trust, in the nature of a mortgage, which was the foundation of the action was executed by Daniel Bentley, October 3, 1882, to secure a note to plaintiff for $650, payable twelve months after date with interest at six per cent per annum to be compounded annually. Bentley died…
2Cases cited7 opinions
- Polk's Administrator v. AllenSupreme Court of Missouri · 1854
- McKinzie v. HillSupreme Court of Missouri · 1873
- Nelson v. HaeberleMissouri Court of Appeals · 1887
- Ayers v. DonnellSupreme Court of Missouri · 1874
- Little v. ReidSupreme Court of Missouri · 1897
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3Cited by5 opinions
- Klotz v. . AngleNew York Court of Appeals · 1917
- Thompson v. LyonsSupreme Court of Missouri · 1920
- State Ex Rel. Emmons v. HollenbeckMissouri Court of Appeals · 1965
- Griesel v. JonesMissouri Court of Appeals · 1907
- Stanton v. GibbinsMissouri Court of Appeals · 1903