Digby v. Jones
Supreme Court of Missouri
Apipeal from St. Louis Court of Appeals. argued that plaintiff was not entitled to protection against the agreement between appellants and the bank, because not having paid the whole of the purchase money, he was not an innocent purchaser. Actual payment is necessary, and the giving-security or executing obligations for payment is not sufficient. High v. Butte 10 Yerg. 186 ; Christie v. Bishop, 1 Barb. Oh. 105; Murray v. Ballou, 1 John.
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Apipeal from St. Louis Court of Appeals. argued that plaintiff was not entitled to protection against the agreement between appellants and the bank, because not having paid the whole of the purchase money, he was not an innocent purchaser. Actual payment is necessary, and the giving-security or executing obligations for payment is not sufficient. High v. Butte 10 Yerg. 186 ; Christie v. Bishop, 1 Barb. Oh. 105; Murray v. Ballou, 1 John. Ch. 566; Hunter v. Simrall, 5 Littell 62; Wormley v. Wormley, 8 Wheat. 444; Vattier v. Hincle, 7 Pet. 252; Doswell v. Buchanan, 3 Leigh 365; Dillard v.…
1Opinion of the CourtHenry, J.
Plaintiff sued defendants in ejectment in the circuit court of St. Louis county for a lot in the city of St. Louis, and defendants in their answer alleged, as an equitable defense, that the Real Estate Saving Institution, plaintiff’s grantor, acquired the legal title by purchase at a trust sale, under an agreement with the defendants to hold the legal title until a certain demand it held against them for money borrowed should have been paid out of the rents, and thou convey it to the defendant, Julia Jones; *106that the debt, about $5,000, was not one-fourth the value of the property; that…
2Cases cited1 opinion
- Paul v. FultonSupreme Court of Missouri · 1857
3Cited by6 opinions
- Conrad v. FisherMissouri Court of Appeals · 1889
- Donalson v. ThomasonSupreme Court of Georgia · 1912
- Napa Valley Wine Co. v. RinehartMissouri Court of Appeals · 1890
- Henry v. PhillipsCalifornia Supreme Court · 1912
- Pennoyer v. Dubois State BankWyoming Supreme Court · 1926
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