Little v. Reid
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon John A.' Ho ok ad ay, Judge. (1) The court erred in permitting any evidence whatever to be introduced on the part of plaintiff, for the reason- stated in defendant’s objections to the introduction of any evidence. Sufficient facts were not stated 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 Boone Circuit Court. — Hon John A.' Ho ok ad ay, Judge. (1) The court erred in permitting any evidence whatever to be introduced on the part of plaintiff, for the reason- stated in defendant’s objections to the introduction of any evidence. Sufficient facts were not stated 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 to advertise under the deed of trust, and sell the land before the note was…
1Opinion of the CourtBabclay, P. J.
— This action was begun April 19, 1895. The plaintiff is J. M. Little. The defendants *245are Jas. H. Reid, as administrator of the estate of Daniel Bentley, deceased, Matilda Bentley (the widow of Daniel), and Joseph Little. The objects of the action are to foreclose a mortgage or deed of trust conveying certain real estate, and to obtain a judgment for the debt thereby secured. The deed of trust in the nature of a mortgage, which is the foundation of the action, was executed by Daniel Bentley and his wife, Matilda, October 3, 1882, to’secure a note to plaintiff for $650, payable twelve months…
2Cases cited9 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Bledsoe v. SimmsSupreme Court of Missouri · 1873
- State ex rel. Haeussler v. Court of AppealsSupreme Court of Missouri · 1877
- Bailey v. WinnSupreme Court of Missouri · 1890
- Barber Asphalt Paving Co. v. HezelSupreme Court of Missouri · 1897
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3Cited by3 opinions
- Little v. ReidMissouri Court of Appeals · 1898
- Fidelity & Deposit Co. v. BrownMissouri Court of Appeals · 1933
- Farmers' Cash Union v. ElswoodUtah Supreme Court · 1926