Board of Trustees of Westminster College v. Fry
Supreme Court of Missouri
Appeal from Morgan Circuit Court. — No». Jas. E. Hazell, Judge. (1) At the time Randolph Pry executed the deed of trust under which defendant Woods claims, there was no suit pending that could affect his title. The writ of error subsequently issued was a new suit, and not a continuation of the foreclosure suit to reverse the judgment in which it was sued out. Macklin v. Allenberg, 100 Mo. 337; Macklin v. Smidt, 104 Mo. 361; Pierce v. Stinde, 11 Mo.
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Appeal from Morgan Circuit Court. — No». Jas. E. Hazell, Judge. (1) At the time Randolph Pry executed the deed of trust under which defendant Woods claims, there was no suit pending that could affect his title. The writ of error subsequently issued was a new suit, and not a continuation of the foreclosure suit to reverse the judgment in which it was sued out. Macklin v. Allenberg, 100 Mo. 337; Macklin v. Smidt, 104 Mo. 361; Pierce v. Stinde, 11 Mo. App. 364. (2) The writ of error was not lis pendens until the writ had been issued and notice thereof served on the adverse party. Pierce v.…
1Opinion of the CourtGantt, J.
This is an action of ejectment, in which both parties claim title to the land in controversy-under John C. Peirsol.
The plaintiff purchased the land at a sale under a decree of the circuit court of Morgan county, rendered in obedience to the mandate of this court in the case of Westminster College v. Peirsol, 161 Mo. 270, foreclosing a mortgage executed on the first day of April, 1893, by said Peirsol and wife.
Ouster is laid as of October 16, 1901. Edward J. Fry was originally the only defendant. On December 9, 1901, Fry filed his answer admitting that he was in possession of said lands as…
2Cases cited10 opinions
- People's Savings Bank v. BatesSupreme Court of the United States · 1887
- Loewen v. ForseeSupreme Court of Missouri · 1897
- Macklin v. AllenbergSupreme Court of Missouri · 1889
- Gott v. PowellSupreme Court of Missouri · 1867
- Boyd v. EllisSupreme Court of Missouri · 1891
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3Cited by3 opinions
- Turner v. EdmonstonSupreme Court of Missouri · 1908
- Bush v. BlockMissouri Court of Appeals · 1916
- Warren v. Order of Railway Conductors of AmericaMissouri Court of Appeals · 1918