Waddell v. Williams
Supreme Court of Missouri
Appeal from Lafayette Court of Common Pleas. The only question before this court is, has the defendant saved enough upon the record to ask the interposition of this court ? The facts are, beyond doubt, for the defendant. We contend that he has. (Scott v. Brockway, 7 Mo. 61; Bauer v. Bauer, 40 Mo. 61; Morris'v. Barnes, 85 Mo. 412 ; Bransteter v. Rives, 84 Mo. 818-321.) Defendant’s motion for a new trial brought this matter properly before the Court.
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Appeal from Lafayette Court of Common Pleas. The only question before this court is, has the defendant saved enough upon the record to ask the interposition of this court ? The facts are, beyond doubt, for the defendant. We contend that he has. (Scott v. Brockway, 7 Mo. 61; Bauer v. Bauer, 40 Mo. 61; Morris'v. Barnes, 85 Mo. 412 ; Bransteter v. Rives, 84 Mo. 818-321.) Defendant’s motion for a new trial brought this matter properly before the Court. The evidence in this case mainly consists of deeds and other-documents, and it was the duty of the court, as a matter of law, to construe them…
1Opinion
*220Motion tor Rehearing.
Appellant’s grantor was a co-mortgagee, under the foreclosure of which respondent purchased. He stood in the relation of a trustee of the mortgagor and his co-mortgagee. Whatever interest he acquired under the outstanding encumbrance inured to the benefit of the mortgagor and his co-mortgagee, and was held by him in trust for them, and could not be conveyed to him by the appellant. When he foreclosed the mortgage, respondents acquired this interest at the sale under the foreclosure. The appellant does not plead that he had no notice of this relationship, and the records…
2Cases cited5 opinions
- McCormick v. FitzmorrisSupreme Court of Missouri · 1866
- Carr v. YouseSupreme Court of Missouri · 1866
- Price's Heirs v. EvansSupreme Court of Missouri · 1857
- Coonce v. MundaySupreme Court of Missouri · 1834
- Murray v. LaftenSupreme Court of Missouri · 1852