Barrett v. Allegheny National Bank
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. cited: Bank v. Markley, 1 Dana, 373; Prescott v. Hubbell, 1 Hill Eq. 214; Williams v. Gable, 10 N. J. Eq. 543 ; Walker v. Walker, 25 Ga. 76 ; Brioker v. Lightner, 40 Pa. St. 199 ; Hunter v. Hunter, 50 Mo. 445 ; Martin v. Smith, 1 Dill. 85. cited : Dyer v. Brannock, 2 Mo. App. 443 ; Valle v. Oberhaus, 62 Mo. 81; Gray v. Yates, 7 Cent.
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Appeal from St. Louis Circuit Court. cited: Bank v. Markley, 1 Dana, 373; Prescott v. Hubbell, 1 Hill Eq. 214; Williams v. Gable, 10 N. J. Eq. 543 ; Walker v. Walker, 25 Ga. 76 ; Brioker v. Lightner, 40 Pa. St. 199 ; Hunter v. Hunter, 50 Mo. 445 ; Martin v. Smith, 1 Dill. 85. cited : Dyer v. Brannock, 2 Mo. App. 443 ; Valle v. Oberhaus, 62 Mo. 81; Gray v. Yates, 7 Cent. L. J. 276; Hunter v. Hunter, 50 Mo. 445 ; Bobb v. Woodward, 50 Mo. 103; Thomas v. Matthews, 51 Mo. 107; Callaway County Court v. Holley, 31 Mo. 393; Rogers v. Broion, 61 Mo. 191.
1Opinion of the CourtBakewell, J.
This is an action to set aside the foreclosure of a deed of trust upon real estate, and to set aside the trustee’s deed conveying the same, for fraud, and because the notice of sale was not in compliance with the terms of the deed. The foreclosure is alleged to have taken place on the 11th of August, 1845. This petition was filed on the 26th of May, 1875. It is alleged that plaintiffs had no notice of the irregularity in the notice of sale, or of any facts which should have put them on their inquiry as to the alleged fraud, until 1867, and within less than eight years of the commencement of…
2Cases cited6 opinions
- Rogers v. BrownSupreme Court of Missouri · 1875
- Callaway County v. NolleySupreme Court of Missouri · 1861
- Young v. City of St. LouisSupreme Court of Missouri · 1871
- Valle v. ObenhauseSupreme Court of Missouri · 1876
- Dyer v. BrannockMissouri Court of Appeals · 1876
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3Cited by2 opinions
- Pemberton v. ReedMissouri Court of Appeals · 1976
- Dyer v. WittlerMissouri Court of Appeals · 1883