Miller v. Whitson
Supreme Court of Missouri
Error to St. Louis Circuit Court. Upon the trial of the case, the plaintiff asked the following instructions: 1. After the execution and recording of the mortgage deed from John W. Miller to Samuel C. W. Miller, Samuel C. W. Miller had the right to leave John W. Miller in possession of the property, and such possession by John W. Miller is not of itself evidence of fraud in the execution of the deed of mortgage. 3. If the sheriff of Eranklin county, on the day this suit was…
Read the full summary
Error to St. Louis Circuit Court. Upon the trial of the case, the plaintiff asked the following instructions: 1. After the execution and recording of the mortgage deed from John W. Miller to Samuel C. W. Miller, Samuel C. W. Miller had the right to leave John W. Miller in possession of the property, and such possession by John W. Miller is not of itself evidence of fraud in the execution of the deed of mortgage. 3. If the sheriff of Eranklin county, on the day this suit was brought, had the property sued for in his possession, and sold the same under an execution against John W. Miller, and…
1Opinion of the CourtFagg, Judge
The transcript of this record and proceedings in this case are of such a character as not to present very clearly the questions upon which the opinion of the court may be required.
We do not feel authorized to go back of the amended petition filed in the month of May, 1864. Many errors are complained of in the progress of the case up to that time. The defendants, however, filed their answer to this amended petition, and the case was tried upon the issues thus presented. The suit was brought in Franklin county and removed by change of venue to the St. Louis Circuit Court, where there was a…
2Cases cited1 opinion
- Howell v. BellSupreme Court of Missouri · 1859
3Cited by11 opinions
- State v. RaySupreme Court of Missouri · 1873
- Chapman v. KerrSupreme Court of Missouri · 1883
- Frankhouser v. EllettSupreme Court of Kansas · 1879
- Anchor Milling Co. v. WalshMissouri Court of Appeals · 1885
- Bosse v. ThomasMissouri Court of Appeals · 1877
6 more not listed; retrieve them via the Exa API.