Neeley v. Bank of Independence
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». J. N. Slover, Judge. (1) The injunction ought to have been made perpetual. Parks v. Bank, 97 Mo. 130; Pawley v. Vogel, 42 M'o. 291, 303; R. S. 1899, sec. 3649. (2) The title of the real estate is not involved and the appeal is to this court. State v. Court of Appeals, 67 Mo. 199. (1) If the title to real estate is not the issue in this case then plaintiff’s petition certainly states no 'cause of action.
Read the full summary
Appeal from Jackson Circuit Court. — No». J. N. Slover, Judge. (1) The injunction ought to have been made perpetual. Parks v. Bank, 97 Mo. 130; Pawley v. Vogel, 42 M'o. 291, 303; R. S. 1899, sec. 3649. (2) The title of the real estate is not involved and the appeal is to this court. State v. Court of Appeals, 67 Mo. 199. (1) If the title to real estate is not the issue in this case then plaintiff’s petition certainly states no 'cause of action. If the title to real estate is in issue then plaintiff is pursuing the wrong remedy. Plaintiff cannot try title by injunction. Echelkamp v. Schrader,…
1Opinion of the CourtBroaddus, P. J.
This is a proceeding to restrain defendant bank and the sheriff of the county from selling under execution certain real property situated in Blue Springs^ Missouri.
The facts are that, on August 13, 1902, one John E. Barnes conveyed by general warranty deed the property in controversy to John Neeley, the husband of plaintiff. The consideration for the property was $500, of which about $200 was paid in cash and a note was given for the residue which included also a debt of $28.75 which Neeley owed Barnes, making the total amount of the same $328.75, which note was signed by plaintiff and her…
2Cases cited2 opinions
- Parks v. People's BankSupreme Court of Missouri · 1888
- Pawley v. VogelSupreme Court of Missouri · 1868
3Cited by3 opinions
- Carrel v. MeekMissouri Court of Appeals · 1911
- Payne v. Daviess County Savings Ass'nSupreme Court of Missouri · 1906
- Mathias v. ArnoldMissouri Court of Appeals · 1915