Potter v. Stevens
Supreme Court of Missouri
Appeal from St. Louis Circuit Court.. I. Though the deed in controversy from McDowell to Stevens may have been fraudulent in fact as to both those parties, yet if these note holders stand in the position of subsequent purchasers in good faith without any notice that such original conveyance was fraudulent, they take a good title to the extent of their interest to the property, and are unaffected by the nature of the original deed as regards both the grantor and grantee — R.…
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Appeal from St. Louis Circuit Court.. I. Though the deed in controversy from McDowell to Stevens may have been fraudulent in fact as to both those parties, yet if these note holders stand in the position of subsequent purchasers in good faith without any notice that such original conveyance was fraudulent, they take a good title to the extent of their interest to the property, and are unaffected by the nature of the original deed as regards both the grantor and grantee — R. C. 1855, p. 808, § 3. There is no intimation in the case that these note holders had any knowledge or notice that the…
1Opinion of the CourtFagg, Judge
This was a proceeding instituted in the St. Louis Circuit Court for the purpose of declaring null and void a deed to certain property in the city of St. Louis, familiarly known in this case as “the St. Ange property.” The deed was executed on the 31st of March, 1858, by John McDowell and wife, conveying said property to the appellant Stevens for the consideration of $25,000, and for which five several notes were'executed at the time and delivered. The notes were due and payable respectively in one, two, three, four and five years. The plaintiff Potter asked to have this conveyance declared…
2Cases cited8 opinions
- Potter v. McDowellSupreme Court of Missouri · 1860
- Thayer v. CampbellSupreme Court of Missouri · 1845
- Woodward v. WoodSupreme Court of Alabama · 1851
- Clark v. LongCourt of Appeals of Virginia · 1826
- Anderson v. BaumgartnerSupreme Court of Missouri · 1858
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Funkhouser v. LaySupreme Court of Missouri · 1883
- Bobb v. WoodwardSupreme Court of Missouri · 1872
- Payne v. StantonSupreme Court of Missouri · 1875
- Potter v. McDowellSupreme Court of Missouri · 1868
- Stewart v. Omaha Loan & Trust Co.Supreme Court of Missouri · 1920
3 more not listed; retrieve them via the Exa API.