Schroeder v. Bobbitt
Supreme Court of Missouri
Appeal from, St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. Suit in equity to set aside a deed of trust. Decree for defendants. Plaintiff appeals.
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Appeal from, St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. Suit in equity to set aside a deed of trust. Decree for defendants. Plaintiff appeals. (1) The deed of trust, dated June 7, 1888, executed by William H. F. Schroeder, party of the first part, Robert E. Collins, party of the second part, and Mary L. Bobbitt, pai’ty of the third part, to secure the payment of a note, dated February 25, 1888, to the payee therein named, Mary Carroll Bobbitt, for $12,000 at six months after date, is void as against appellant, the same being without any consideration whatever, it being shown by…
1Opinion of the CourtBarclay, J.
The deed which plaintiff’s bill seeks to set aside is in the nature of a mortgage, securing payment of some $12,000. The defendants are the holders of the secured indebtedness, and other parties variously interested in the subject-matter of the trust.
It is unnecessary to state the pleadings in detail. Their general nature will sufficiently appear.
The hearing developed these Tacts: Mary E. Schroeder, the present plaintiff, had a writ for divorce against Wm. H. P. Schroeder in June, 1888, which was about to be called* for trial, when the latter executed the deed of trust mentioned, transferring…
2Cases cited5 opinions
- Sexton v. AndersonSupreme Court of Missouri · 1888
- Albert v. BeselSupreme Court of Missouri · 1885
- Kuykendall ex rel. Middleton, Perry & Co. v. McDonaldSupreme Court of Missouri · 1852
- Forrester v. MooreSupreme Court of Missouri · 1883
- Colbern v. RobinsonSupreme Court of Missouri · 1883
3Cited by3 opinions
- Sikes v. ChaneyMissouri Court of Appeals · 1927
- Tobin v. KampeCourt of Appeals for the Eighth Circuit · 1942
- Russell v. LettonMissouri Court of Appeals · 1894