Snell v. Harrison
Supreme Court of Missouri
'Appeal from Henry Circuit Court. — IIon. James B. ¡Gantt, Judge. (1) The first instruction asked by plaintiff and refused by the court should have been given. First Defendants could not set up as an outstanding title a mortgage executed by themselves. LaugMin v. Stone, 5 Mo. 43; Page «. Hill, 11 Mo. 149; Mathews v. ■Licompte, 24 Mo. 545; Gritchell v. Kreidler, 12 Mo. App. 497; Boyd v. Jones, 49 Mo. 202; Matney v. Graham, 59 Mo. 190. Second.
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'Appeal from Henry Circuit Court. — IIon. James B. ¡Gantt, Judge. (1) The first instruction asked by plaintiff and refused by the court should have been given. First Defendants could not set up as an outstanding title a mortgage executed by themselves. LaugMin v. Stone, 5 Mo. 43; Page «. Hill, 11 Mo. 149; Mathews v. ■Licompte, 24 Mo. 545; Gritchell v. Kreidler, 12 Mo. App. 497; Boyd v. Jones, 49 Mo. 202; Matney v. Graham, 59 Mo. 190. Second. The deed made by Harvey Harrison was not effectual to foreclose the mortgage. (2) Plaintiff’s second and third instructions should have been given. D. A.…
1Opinion of the CourtSherwood, P. J.
— On the twenty-second day of May, 1885, plaintiff brought ejectment for the east half of the southwest quarter and the west half of the southeast quarter of section 13, township 45, range 24, Johnson county, Missouri. This cause in another form, and with an additional plaintiff and with additional defendants, was before this court on a former occasion. 83 Mo. 651. The decree entered therein setting aside the title of the defendants to the land above described on account of fraud upon the creditors of G. W. Harrison and vesting the same in the then plaintiffs, Snell and Glass, bears date…
2Cases cited9 opinions
- Traer v. ClewsSupreme Court of the United States · 1885
- Baldwin v. WhitcombSupreme Court of Missouri · 1880
- McMahon v. . AllenNew York Court of Appeals · 1866
- Nofsinger v. HartnettSupreme Court of Missouri · 1884
- Snell v. HarrisonSupreme Court of Missouri · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Munford v. SheldonSupreme Court of Missouri · 1928
- Barber v. NunnSupreme Court of Missouri · 1918
- Sharples Corp. v. Sinclair Wyoming Oil Co.Wyoming Supreme Court · 1946
- Christian v. SmithMissouri Court of Appeals · 1900
- Westergreen v. BeerCalifornia Court of Appeal · 1914
2 more not listed; retrieve them via the Exa API.