Jopling v. Walton
Supreme Court of Missouri
Appeal from Bates Circuit Cowrt. — Hon. James H. Lav, Judge. (1) This was not a case where a tender was necessary. Suppose a tender would be necessary to redeem from a sale that had been perfectly fair and open.
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Appeal from Bates Circuit Cowrt. — Hon. James H. Lav, Judge. (1) This was not a case where a tender was necessary. Suppose a tender would be necessary to redeem from a sale that had been perfectly fair and open. It does not follow that one is necessary, from such a sale as this, where it seems the holder of the first and third lien systematically set. about to destroy the second lien, by the aid of a temporary injunction, a small bond, and such surreptitious methods as are set forth in the bill. His conduct amounts to a fraud on appellants, and in such cases no tender is necessary. Budle v.…
1Opinion of the CourtBubgess, J.
This is an action to correct a mistake in the description of land in a deed of trust, and to set aside the sale of and redeem the same land from a sale under a prior deed of trust. - .
Defendant demurred to the petition, the demurrer was sustained, and plaintiffs declining to plead further final judgment was rendered in favor of defendant, from which plaintiffs appealed.
The petition alleges that, on the fourth day of September, 1891, Monroe Joplin and W. L. Powell were sureties on the note of R. M. Powell and J. A. Powell to the Citizens National Bank of Sedalia, .Missouri, and in order to…
2Cases cited6 opinions
- Whelan v. ReillySupreme Court of Missouri · 1876
- Webster v. FrenchIllinois Supreme Court · 1849
- Hardwicke v. HamiltonSupreme Court of Missouri · 1894
- Kline v. VogelSupreme Court of Missouri · 1886
- Barnard v. CushmanIllinois Supreme Court · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Potter v. SchafferSupreme Court of Missouri · 1908
- Ewing v. McIntoshSupreme Court of Missouri · 1949
- McDaniel v. SprickSupreme Court of Missouri · 1923