Greenlee v. Marquis
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. W. D. Hubbard, Judge, There is no evidence in the case that the defendant Marquis had any knowledge of the fact that the satisfaction of the deed of trust as to lot 54 was entered by mistake, or of any fact calculated to put a prudent man upon inquiry as to why it was so entered; and where one or two innocent parties must suffer loss, as in this case, he through whose fraud, carelessness or mistake the loss occurs must suffer such…
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Appeal from the Greene Circuit Court. — Hon. W. D. Hubbard, Judge, There is no evidence in the case that the defendant Marquis had any knowledge of the fact that the satisfaction of the deed of trust as to lot 54 was entered by mistake, or of any fact calculated to put a prudent man upon inquiry as to why it was so entered; and where one or two innocent parties must suffer loss, as in this case, he through whose fraud, carelessness or mistake the loss occurs must suffer such loss. Therefore, the finding and judgment of the circuit court is for the wrong party. Fowler v. Allen, 7 L. R. A. 745;…
1Opinion of the CourtRombauer, P. J.
This is an action to cancel an entry of an erroneous lease upon the margin of the record of a deed of trust in the records of deeds of Greene county, and to substitute in- lieu thereof the entry which was in accordance with the intention of the parties. The trial court granted the relief prayed for, and the main contention of the defendants on this appeal is that the decree is not supported by the evidence.
The facts, as stated in plaintiff’s petition, and as shown upon the trial by uncontroverted' evidence, may be briefly stated as follows: The plaintiff held a deed of trust on lots 49 and 54…
2Cases cited3 opinions
- Wormley v. WormleySupreme Court of the United States · 1823
- Rice v. GroffmannSupreme Court of Missouri · 1874
- Arnholt v. HartwigSupreme Court of Missouri · 1881
3Cited by4 opinions
- Murry v. Central BankMissouri Court of Appeals · 1931
- Welch v. KingWest Virginia Supreme Court · 1918
- Wetmore v. WoodsMissouri Court of Appeals · 1895
- Landy v. Kansas CityMissouri Court of Appeals · 1894