Boone County National Bank v. Newkirk
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. Richard Field, Judge. (1) There is but one question in this ease, and that is whether the deed to the defendant Wood can be sustained as a lien prior to the attachment of the plaintiff bank. It must be conceded that the plaintiff extended the time for the payment of its debts,' and thereby lost advantages, when it would not have done so, if it had known of the existence of the deed to Dr. Wood.
Read the full summary
Appeal from Pettis Circuit Court. — Hon. Richard Field, Judge. (1) There is but one question in this ease, and that is whether the deed to the defendant Wood can be sustained as a lien prior to the attachment of the plaintiff bank. It must be conceded that the plaintiff extended the time for the payment of its debts,' and thereby lost advantages, when it would not have done so, if it had known of the existence of the deed to Dr. Wood. It is now the settled law of this State that if a party takes a deed of trust to secure a debt, or a deed absolute in form intended as security for a debt, and…
1Opinion of the CourtWilliams, J.
Defendant, Cyrus Newkirk, conveyed to his codefendant Wood, by deed absolute in form, but intended as a mortgage, certain real estate, constituting the homestead of said Newkirk on Broadway in the city of Sedalia, valued by him at $25,000 or $30,000. This deed was dated March 6, 1894, but was not recorded until the fourth of May thereafter. Plaintiff instituted suit by attachment against said Newkirk and caused the writ to be levied upon the property in controversy on the eighth day of May, 1894. Judgment was. rendered in said suit in favor of plaintiff, in accordance with a stipulation to…
2Cases cited8 opinions
- Lins v. LenhardtSupreme Court of Missouri · 1895
- Central National Bank v. DoranSupreme Court of Missouri · 1891
- Johnson v. DuerSupreme Court of Missouri · 1893
- State Savings Bank v. BuckSupreme Court of Missouri · 1894
- First National Bank v. RohrerSupreme Court of Missouri · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Landis v. McDonaldMissouri Court of Appeals · 1901
- In re Jackson Brick & Tile Co.District Court, E.D. Missouri · 1911
- Harrison v. South Carthage Mining Co.Missouri Court of Appeals · 1902
- Clark v. LewisSupreme Court of Missouri · 1908
- Newton v. WimsattMissouri Court of Appeals · 1990
4 more not listed; retrieve them via the Exa API.