King v. Greaves
Missouri Court of Appeals
Frror to the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) It is not competent in a suit at law to show that a deed, absolute in its terms, is a mortgage by parol evidence. Hogel v. Linclell, 10 Mo. 483; Montaney v. Bock, 10 Mo. 506; Johnson’v. Huston, 17 Mo. 58; 1 Jones on Mortgages [7 Ed.] sec. 282, notel; State v. Koch, 40 Mo.
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Frror to the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) It is not competent in a suit at law to show that a deed, absolute in its terms, is a mortgage by parol evidence. Hogel v. Linclell, 10 Mo. 483; Montaney v. Bock, 10 Mo. 506; Johnson’v. Huston, 17 Mo. 58; 1 Jones on Mortgages [7 Ed.] sec. 282, notel; State v. Koch, 40 Mo. App. 635, 640; Harper v. Boss, 10 Allen, 332; Bryant v. Crosby, 36 Me. 562; Hartshorn v. Williams, 31 Ala. 149. It is a proceeding cognizable alone in a court of equity, and is sustained on the ground of fraud, accident or mistake. It is only in equity,…
1Opinion of the CourtSmith, P. J.
The plaintiff and one J. B. Ins-keep, in November, 1886, lived in Kingsville. Inskeep owned nearly a two-thirds interest in about one hundred and ninety-five acres of wheat which he had sown; one hundred acres on the lands of W. Q-. King, about sixty acres on the land of Mr. French, and about thirty-five acres on the land of Dr. King. A son of J. B. Inskeep, Harvey Inskeep, had a two-thirds interest in forty acres of wheat which he had sown on the land of Mr. French. J. B. Inskeep, with his sons, were grading with mule teams in Kansas City, the remainder of the family remaining at home in…
2Cases cited13 opinions
- Lanitz v. KingSupreme Court of Missouri · 1887
- Bunce v. BeckSupreme Court of Missouri · 1869
- Henning v. United States InsuranceSupreme Court of Missouri · 1871
- Hughes v. MenefeeMissouri Court of Appeals · 1888
- Wood v. MatthewsSupreme Court of Missouri · 1881
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3Cited by5 opinions
- Poplin v. BrownMissouri Court of Appeals · 1918
- Blades v. HawkinsMissouri Court of Appeals · 1908
- Service Purchasing Co. v. BrennanMissouri Court of Appeals · 1931
- Flynn v. HolmesMichigan Supreme Court · 1906
- Meyer v. Davenport Elevator Co.South Dakota Supreme Court · 1899