Wilson v. Lubke
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court . — Hon. P. R. Flitcaft, Judge. (1) The instruction asked by defendant and refused should have been given. It declares what is the settled law of this State, that a judgment is conclusive on all persons who are parties to the suit in which it was rendered, and those claiming under them.
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Appeal from St. Louis City Circuit Court . — Hon. P. R. Flitcaft, Judge. (1) The instruction asked by defendant and refused should have been given. It declares what is the settled law of this State, that a judgment is conclusive on all persons who are parties to the suit in which it was rendered, and those claiming under them. The judgment of the Tower Grove Planing Mill Company against the property in question to which Laumeier, the holder of the notes secured by the deeds of trust under which plaintiff claims, was a party, determine conclusively between said company and .him that, on June…
1Opinion of the CourtValliant, J.
This is a suit under the statute to quiet title to real property. [Sec. 650, R. S. 1899.]
Plaintiff claims as purchaser at a foreclosure sale under two deeds of trust. Defendant claims as purchaser at a sheriff’s sale under execution upon two judgments establishing mechanic’s liens. The question is, which was the prior lien?
The facts are as follows:
On June 30, 1897, one Laumeier sold the east half of the,lot in question to Ida M. Smith, and the west half to John M. Houser and wife; at the same time Ida M. Smith executed back to Laumeier a deed of trust on the half of the lot sold to her, to…
2Cases cited3 opinions
- Sawyer & Austin Lumber Co. v. ClarkSupreme Court of Missouri · 1903
- Reilly v. HudsonSupreme Court of Missouri · 1876
- Seidel v. CornwellSupreme Court of Missouri · 1901
3Cited by10 opinions
- Nelson v. BaileyWashington Supreme Court · 1959
- Schroeter Bros. Hardware Co. v. Croatian "Sokol" Gymnastic Ass'nSupreme Court of Missouri · 1933
- Hoover v. AbellMissouri Court of Appeals · 1950
- Feuchtenberger v. Williamson, Carroll & SaundersSupreme Court of Virginia · 1923
- Westport Lumber Co. v. HarrisMissouri Court of Appeals · 1908
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