Hanson v. Neal
Supreme Court of Missouri
Appeal from Ripley Circuit Court. — lion. W. N. Evans, Judge. The court below erred in not sustaining' appellants ’ demurrer to the bill of respondent on the ground that it did not state a cause of action. We again challenge the bill of respondent in this court on the ground1 that it does hot state a cause of action; that it appears on the face of the bill that respondent is not entitled to any equitable relief, and that respondent has a complete remedy at law.
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Appeal from Ripley Circuit Court. — lion. W. N. Evans, Judge. The court below erred in not sustaining' appellants ’ demurrer to the bill of respondent on the ground that it did not state a cause of action. We again challenge the bill of respondent in this court on the ground1 that it does hot state a cause of action; that it appears on the face of the bill that respondent is not entitled to any equitable relief, and that respondent has a complete remedy at law. (a) The bill *is fatally defective of any equity showing on its face by failing to allege that the mortgagor Keith was wholly…
1Opinion of the CourtLamm, J.
Plaintiff, beneficiary under a deed of trust covering 1,360 acres of land, more or less, in Ripley county, Missouri, and securing an indebtedness of between $2,000 and $3,000; on the 8th day of February, 1905; brought her suit in equity against A. J. O’Neal, sheriff and acting trustee making a sale under said deed of trust, and George A. Neal and Thomas F. Lane, purchasers at such trustee’s sale, the object and general nature of which was to set aside the sale and the deeds made to them. The decree, nisi, went in favor of plaintiff against all the defendants. The sheriff abides the decree.…
Also in this document: Concurrence; Per curiam.
2Cases cited16 opinions
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
- Jones v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
- Stoffel v. SchroederSupreme Court of Missouri · 1876
- Stewart v. CaldwellSupreme Court of Missouri · 1874
- Holdsworth v. ShannonSupreme Court of Missouri · 1893
11 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- State Ex Rel. Leonardi v. SherrySupreme Court of Missouri · 2004
- Dibert v. D'ArcySupreme Court of Missouri · 1913
- Priest v. OehlerSupreme Court of Missouri · 1931
- Hubbard v. SlavensSupreme Court of Missouri · 1909
- Washington University v. BaumannSupreme Court of Missouri · 1937
42 more not listed; retrieve them via the Exa API.