Barrett v. Baker
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M» Hughes, Judge. (1) The deed of trust executed by Roy was inoperative, as Roy had confessedly no interest in the land which could be affected by the deed, and it does not assume to be the deed of Baker by Roy as his agent or attorney.
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Appeal from Audrain Circuit Court. — Hon. E. M» Hughes, Judge. (1) The deed of trust executed by Roy was inoperative, as Roy had confessedly no interest in the land which could be affected by the deed, and it does not assume to be the deed of Baker by Roy as his agent or attorney. Sec. 2395, R. S. 1889. (2) The deed of trust from Roy to Baker could become operative, if at all, only by reason of matter in pais, that is, by reason of false representations made by Baker to Barrett which would estop Baker from denying 'the. efficiency .of the deed as a mortgage, and it is not alleged that any…
1Opinion of the Court
W. M. Williams, Special Judge.
This is a suit in equity, in which plaintiff seeks to subject a tract of land, now belonging to defendant Nichols, to the payment of a note executed by defendant Roy' to his codefendant Baker, and by the latter sold and delivered to the plaintiff Barrett.
Roy, on May 5, 1882, made his note for $3,500, due one year after date, payable to the order of defendant Baker, and executed a deed of trust to secure the same, upon the land in controversy, which was then the property of Baker, the payee in the note. This deed of trust was filed for record on the seventeenth of…
2Cases cited4 opinions
- Jennings v. ToddSupreme Court of Missouri · 1893
- Cambridge Valley Bank v. . DelanoNew York Court of Appeals · 1872
- Holdsworth v. ShannonSupreme Court of Missouri · 1893
- Kinzer v. KinzerSupreme Court of Missouri · 1895
3Cited by3 opinions
- Cooper v. NewellSupreme Court of Missouri · 1914
- Hogan v. PetersonWyoming Supreme Court · 1899
- Yeomans v. NachmanMissouri Court of Appeals · 1917