Sears v. Patterson
Missouri Court of Appeals
Appeal from the Jackson Circuit Co%lrt. — Hon. John W. Heney, Judge. (1) The deed of trust to Chamberlain, as trustee for Sears, was absolutely void. Stevens v. Hampton, 46 Mo. 404; Bartlett v. O’í)onogime, 72 Mo. 563; Bail v. Moore, 51 Mo. 589; Hoskinson v. Adkins, 77 Mo. 537; Shaffer v. Kitgler, 107 Mo. 62; Rush v. Brown, 101 Mo. 586. (2) The deed of trust to Swinney, as trustee, took effect only from the time of its execution.
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Appeal from the Jackson Circuit Co%lrt. — Hon. John W. Heney, Judge. (1) The deed of trust to Chamberlain, as trustee for Sears, was absolutely void. Stevens v. Hampton, 46 Mo. 404; Bartlett v. O’í)onogime, 72 Mo. 563; Bail v. Moore, 51 Mo. 589; Hoskinson v. Adkins, 77 Mo. 537; Shaffer v. Kitgler, 107 Mo. 62; Rush v. Brown, 101 Mo. 586. (2) The deed of trust to Swinney, as trustee, took effect only from the time of its execution. There can be no ratification of a void instrument. Tiedeman on Real Property, sec. 794; 1 Devlin on Deeds, sec. 17; 3 Washburn on Real Property [5 Ed.] 329; 14…
1Opinion of the CourtSmith, P. J.
— The undisputed facts of the case are that the defendant, Anna Musick, who is the wife of defendant, J. W. Musick, was the owner of lot 171, of Altamont, an addition to Kansas City, which was subject to a deed of trust executed by Caldwell, at a time when he was the owner of said lot, to Calvin, trustee, to secure the payment of a debt to Arnold for $689; that about the thirtieth of July, 1889, the Caldwell debt became due and the owner thereof was about to foreclese the deed of trust and sell said lot when the Musicks, in order to prevent such sale, requested plaintiff Sears to pay off the…
2Cases cited12 opinions
- Barnes v. . MottNew York Court of Appeals · 1876
- Sanford v. McLeanNew York Court of Chancery · 1831
- Levy v. MartinWisconsin Supreme Court · 1880
- Bunn v. LindsaySupreme Court of Missouri · 1888
- Norton v. HighleymanSupreme Court of Missouri · 1886
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