Rodgers v. First National Bank
Missouri Court of Appeals
Appeal from the Rates Circuit Court. — Son. J. S. Lay, Judge. (1) A judgment of a justice of the peace is not a lien on real estate owned by the defendant until a -transcript is filed in the office of the clerk of the circuit court of the county in which the land is located.
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Appeal from the Rates Circuit Court. — Son. J. S. Lay, Judge. (1) A judgment of a justice of the peace is not a lien on real estate owned by the defendant until a -transcript is filed in the office of the clerk of the circuit court of the county in which the land is located. R. S. 1889, sec. 6287. The deed of J. M. Rogers and wife to the other plaintiffs was recorded October 14, 1896. Tbe transcripts of the judgments webe filed long thereafter, to wit: March 19, 1897. (2) The condition of forfeiture in'the warranty deed of J. M. Rogers and wife, is a condition subsequent and a right that he…
1Opinion of the CourtSmith, P. J.
-The facts of this case are undisputed and are substantially these: (1), the plaintiff, J. M. Rogers, was the owner in fee of 160 acres of land on which he, with his wife, had continuously lived as their homestead for more than thirty years; (2), that the said plaintiff and wife executed several deeds of trust on said lands to secure the payment of *380debts amounting to $1,800; (3), that in the year 1895, the said plaintiffs, by their deed, conveyed to their oo-plaintiffs the real estate hereinbefore referred to, subjectto the said deeds of trust debts which the latter assumed to pay as a part…
2Cases cited18 opinions
- Peirsoll v. ElliottSupreme Court of the United States · 1832
- Green v. MarksIllinois Supreme Court · 1860
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- Merchants Bank v. EvansSupreme Court of Missouri · 1873
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