Hord v. Harlan
Supreme Court of Missouri
Error to Callaway Circuit■ Court. — Hon. John A. Hogkaday, Judge. (1) The withholding of the deed of trust of March 24, 1879,- from record until November 21, 1892, having the effect, as shown by the evidence, to mislead and deceive plaintiffs, rendered such instrument fraudulent as to them. Bank v. llohrer, 138 Mo. 369; Bank v. Buck, 123 Mo. 141; Bank v. Frame, 112 Mo. 502; Bank v. Doran, 109 Mo. 40; Walshv. Chambers, 13 Mo.
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Error to Callaway Circuit■ Court. — Hon. John A. Hogkaday, Judge. (1) The withholding of the deed of trust of March 24, 1879,- from record until November 21, 1892, having the effect, as shown by the evidence, to mislead and deceive plaintiffs, rendered such instrument fraudulent as to them. Bank v. llohrer, 138 Mo. 369; Bank v. Buck, 123 Mo. 141; Bank v. Frame, 112 Mo. 502; Bank v. Doran, 109 Mo. 40; Walshv. Chambers, 13 Mo. App-301; Hilliard v Cagle, 46 Miss. 309. (2) Defendant W. B. Tucker’s excuse for so withholding the deed of trust from record is that it was “pure neglect.” Where one of…
1Opinion of the CourtGantt, P. J.
This is a bill in equity by plaintiffs to postpone the lien of a certain deed of trust executed by defendant Charles Harlan to Daniel M. Tucker, trustee for Wm. B. Tucker, January 26, 1893, to secure a note for $4,000.
The several plaintiffs, J. W. Hord, Joseph A. Dealing, H. T. Greenway, E. M. Bryan, A. M. Taylor, John W. Gordon and George C. Ramsey each obtained a several judgment in his own behalf against defendant Harlan in the circuit court of Callaway county during the summer and fall of 1894, the total amount of such judgment aggregating $2,461.35. The various debts upon which these…
2Cases cited7 opinions
- Davis v. OwnsbySupreme Court of Missouri · 1851
- State Bank v. FrameSupreme Court of Missouri · 1892
- Central National Bank v. DoranSupreme Court of Missouri · 1891
- Valentine v. HavenerSupreme Court of Missouri · 1854
- State Savings Bank v. BuckSupreme Court of Missouri · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In re Jackson Brick & Tile Co.District Court, E.D. Missouri · 1911
- Harrison v. South Carthage Mining Co.Missouri Court of Appeals · 1902
- Boone County National Bank v. NewkirkSupreme Court of Missouri · 1898
- Chetham-Strode v. BlakeNew Mexico Supreme Court · 1914
- Sturdivant Bank v. SchadeCourt of Appeals for the Eighth Circuit · 1912
4 more not listed; retrieve them via the Exa API.