Stephenson v. Kilpatrick
Supreme Court of Missouri
Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. Respondents are not entitled to protection as innocent purchasers without notice. Any facts which would put a prudent man on inquiry constitutes notice. Ins.
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Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. Respondents are not entitled to protection as innocent purchasers without notice. Any facts which would put a prudent man on inquiry constitutes notice. Ins. Oo. v. Smith, 117 Mo. 261; Jennings v. Todd, 118 Mo. 296; Barrett v. Davis, 101 Mo. 519. But if respondents had no actual notice or knowledge of such facts as would presume notice, the lis pendens notice filed by appellant of his claim to the land in question would be "constructive notice. Sec. 6759, R. S. 1889; Dodd v. Lee, 57 Mo. App. 167; Hope v. Blair, 105 Mo. 85. Appellant…
1Opinion of the Court
SHERWOOD, P. J".
Stephenson owned a small farm in Howell county; the tract of land on which his farm was located, *266containing 120 acres. Stephenson was indebted to one Mattie McCowen, and such indebtedness was evidenced by note secured by deed of trust. When the note fell due, Stephenson made default, and a sale of the land occurred, at which one Joseph R. Carr became the purchaser, and obtaining a deed from the trustee, brought ejectment against Stephenson returnable to the October term, 1895. To this action Stephenson interposed an equitable defense which, on hearing had and evidence adduced,…
2Cases cited22 opinions
- Crim v. HandleySupreme Court of the United States · 1877
- Collier v. WhippleCourt for the Trial of Impeachments and Correction of Errors · 1834
- Jewett v. PalmerNew York Court of Chancery · 1823
- Halsa v. HalsaSupreme Court of Missouri · 1843
- Stoffel v. SchroederSupreme Court of Missouri · 1876
17 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- MacKlin v. Fogel Construction Co.Supreme Court of Missouri · 1930
- Mathews v. O'DonnellSupreme Court of Missouri · 1921
- Summers v. KellerMissouri Court of Appeals · 1911
- West v. AxtellSupreme Court of Missouri · 1929
- Drannek Realty Co. v. Nathan Frank, Inc.Supreme Court of Missouri · 1940
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