Legal Opinion

Meyer Bros. Drug v. White

Supreme Court of Missouri

Decided November 19, 1901PublishedCited by 3 opinions

Appeal from Monroe Circuit Court. — Hon, David H. Eby, Judge. .(1) The defendants, James W. Lester and Eirst National Bank of Saratoga Springs, New York, should not have been permitted to come in and defend and introduce evidence of acts subsequent to the institution of this suit and filing of the lis pendens. 13 Am. and Eng. Ency. of Law (1 Ed.), 871, 910. (2) The deed from White to Bockes was void for the want of consideration. 15 Am. and Eng. Enc.

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Appeal from Monroe Circuit Court. — Hon, David H. Eby, Judge. .(1) The defendants, James W. Lester and Eirst National Bank of Saratoga Springs, New York, should not have been permitted to come in and defend and introduce evidence of acts subsequent to the institution of this suit and filing of the lis pendens. 13 Am. and Eng. Ency. of Law (1 Ed.), 871, 910. (2) The deed from White to Bockes was void for the want of consideration. 15 Am. and Eng. Enc. Law (2 Ed.), pp. 225 and 781. (3) A trust can not be created by parol. R. S. 1899, sec. 3416; Rogers v. Ramey, 137 Mo. 598; Weiss v. • Heilkamp,…

1Opinion of the CourtBrace, P. J.

The defendants in this case are Charles T. C. White, William Hay Bockes, and the Eirst National Bank of Saratoga Springs, New York.

By general warranty deed dated the eighth day of May, 1893, the said White and his wife, Mary E. White, conveyed a tract of land situate in Monroe county, described in the petition, “containing 600 acres more or less, subject to k mortgage of .$8,000, due June 1, 1896, to the said Bockes, which deed was on the same day duly acknowledged and recorded among the land records of said county, and afterwards delivered to the said Bockes. At the time of the execution of…

2Cases cited10 opinions

  1. Sexton v. AndersonSupreme Court of Missouri · 1888
  2. Dougherty v. CooperSupreme Court of Missouri · 1883
  3. Condit v. MaxwellSupreme Court of Missouri · 1898
  4. Richardson v. ChampionSupreme Court of Missouri · 1898
  5. State ex rel. Friedman v. PurcellSupreme Court of Missouri · 1895

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3Cited by3 opinions

  1. Shelton v. HarrisonMissouri Court of Appeals · 1914
  2. Hale v. HummelCourt of Appeals for the Eighth Circuit · 1933
  3. Wood v. PorterSupreme Court of Missouri · 1903

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