Boyd v. Ellis
Supreme Court of Missouri
Appeal from Greene Circuit Court.— W. E. Bowden, Esq., Special Judge. (1) The defense put in evidence the mortgage by Krudwig to Husted for two purposes: First. To defeat plaintiff by showing an outstanding legal title. Second. To claim under the tax title on assessment suit and sale against Husted for year 1876. Said mortgage was not admissible for either purpose: First. The outstanding mortgage cannot be invoked by defendant unless he is in privity with Husted.
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Appeal from Greene Circuit Court.— W. E. Bowden, Esq., Special Judge. (1) The defense put in evidence the mortgage by Krudwig to Husted for two purposes: First. To defeat plaintiff by showing an outstanding legal title. Second. To claim under the tax title on assessment suit and sale against Husted for year 1876. Said mortgage was not admissible for either purpose: First. The outstanding mortgage cannot be invoked by defendant unless he is in privity with Husted. Woods v. Hildebrand, 40 Mo. 284; • Jackson v. Magruder, 51 Mo. 55 ; Hardwick v. Jones, 65 Mo.'54. There is no evidence of entry for…
1Opinion of the CourtBlack, J.
This is ejectment for a lot in the city of Springfield, commenced August 19, 1885. Plaintiff appealed from a judgment for defendant.
B. W. Husted conveyed the lot to one Krudwig in 1874, and at the same time took back a mortgage to secure the purchase price of $150. Both instruments were recorded in that year, but ¡the mortgage debt has never been paid. Plaintiff ’ s title is a quitclaim deed to himself from Krudwig, dated August 15, 1885.
The defendant for title put in evidence two sheriff’s deeds, one to Milner and the other to Lisenby, both based on tax judgments rendered in 1879 ; a deed…
2Cases cited10 opinions
- Williams v. HudsonSupreme Court of Missouri · 1887
- Allen v. RaySupreme Court of Missouri · 1888
- Lenox v. ClarkeSupreme Court of Missouri · 1873
- Porter v. MarinerSupreme Court of Missouri · 1872
- Ford v. FrenchSupreme Court of Missouri · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Ozark Land & Lumber Co. v. FranksSupreme Court of Missouri · 1900
- State Ex Rel. Baumann v. MarburgerSupreme Court of Missouri · 1944
- State ex rel. Hayes v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1896
- Journey v. MilerSupreme Court of Missouri · 1952
- Morrison v. TurnbaughSupreme Court of Missouri · 1905
14 more not listed; retrieve them via the Exa API.