Hurck v. Erskine
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. If this court, when it heard this cause on the first appeal, had considered the case in a proper condition to justify it in rendering such judgment as the court below should have rendered, and that the law and ends of justice would be carried out thereby, it would doubtless have given judgment itself, and either have awarded execution or remitted the record to the Circuit Court with an order to execute such judgment, as was done by said…
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Appeal from St. Louis Circuit Court. If this court, when it heard this cause on the first appeal, had considered the case in a proper condition to justify it in rendering such judgment as the court below should have rendered, and that the law and ends of justice would be carried out thereby, it would doubtless have given judgment itself, and either have awarded execution or remitted the record to the Circuit Court with an order to execute such judgment, as was done by said court at the same term in the cases of Gfillam v. Kerone, 45 Mo. 492, and in The State of Missouri v. The Bank of…
1Opinion of the CourtAdams, Judge
Peter J. Hurck was trustee in a deed of trust to secure three several promissory notes, of one of which Greene Erskine claimed to be the owner, as having purchased the same from Wm. M. Price, the original holder of all the notes, and the present holder of the two notes not claimed by Greene Erskine.
The trustee sold the property. Erskine claimed, as his note was first named and first due by the terms of the trust, that he was entitled to be first paid ; and Price claimed that Erskine did not buy the note at all, and was not the owner, but that the note he held had been paid off, and that he…
2Cases cited2 opinions
- State v. NewkirkSupreme Court of Missouri · 1872
- State ex rel. Allen v. Judges of the St. Louis Circuit CourtSupreme Court of Missouri · 1867
3Cited by17 opinions
- Stump v. HornbackSupreme Court of Missouri · 1891
- Chouteau v. AllenSupreme Court of Missouri · 1881
- Viertel v. ViertelSupreme Court of Missouri · 1908
- Bloxham v. Florida Central & Peninsular RailroadSupreme Court of Florida · 1897
- Rees v. McDanielSupreme Court of Missouri · 1895
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