Legal Opinion

Byrne v. Becker

Supreme Court of Missouri

Decided March 15, 1868PublishedCited by 4 opinions

Appeal from St. Louis Circuit Court. This suit is brought, on the ground of fraud, to annul the title of defendant to a piece of realty in the city of St. Louis. Both parties claim under McCarthy: plaintiff, under a judgment in attachment; respondents, under a voluntary deed of trust made prior to the attachment, and a sale under the deed subsequent to the attachment. McCarthy kept a shoe-store on Market street, and also owned the realty in dispute.

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Appeal from St. Louis Circuit Court. This suit is brought, on the ground of fraud, to annul the title of defendant to a piece of realty in the city of St. Louis. Both parties claim under McCarthy: plaintiff, under a judgment in attachment; respondents, under a voluntary deed of trust made prior to the attachment, and a sale under the deed subsequent to the attachment. McCarthy kept a shoe-store on Market street, and also owned the realty in dispute. On the 22d of October, 1859, McCarthy executed two deeds of trust to Joseph W. Werner, as trustee of Douglass, Gazzam & Co.—the one conveying all…

1Opinion of the CourtEagg, Judge

This was a suit instituted in the Land Court for St. Louis county by the appellant, Byrne, for the purpose of having a conveyance to the respondent, Becker, of certain property in the, city of St. Louis annulled and set aside. Both parties claimed title to the property under one Robert E. McCarthy. The plaintiff’s title consisted of a conveyance by the sheriff of St. Louis county to him as the purchaser of the property, at a sale under a proceeding against McCarthy by attachment. Becker claimed under a sale made by a trustee, in pursuance of a deed of trust executed prior to the attachment.…

2Cases cited2 opinions

  1. Bidwell v. St. Louis Floating Dock & InsuranceSupreme Court of Missouri · 1867
  2. Perry v. SiterSupreme Court of Missouri · 1866

3Cited by4 opinions

  1. Mehlhop v. PettiboneWisconsin Supreme Court · 1882
  2. Bristow v. ThackstonSupreme Court of Missouri · 1905
  3. Marsalis v. OglesbyCourt of Appeals of Texas · 1882
  4. Platt v. SchreyerU.S. Circuit Court for the District of Southern New York · 1885

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