McCollum v. Boughton
Supreme Court of Missouri
Appeal from Stoddard Circuit Court. — W. C. Brown, Esq., Special Judge. division ONE. The material parts of the deed of trust mentioned in the opinion are as follows: “This deed, made and entered into this 24th day of August, one thousand, eight hundred and eighty-eight, by and between Geo. N. Boughton and Oallie G. Boughton, his wife, of the first part, and F. M. Ladd, of the second part, and Ohas.
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Appeal from Stoddard Circuit Court. — W. C. Brown, Esq., Special Judge. division ONE. The material parts of the deed of trust mentioned in the opinion are as follows: “This deed, made and entered into this 24th day of August, one thousand, eight hundred and eighty-eight, by and between Geo. N. Boughton and Oallie G. Boughton, his wife, of the first part, and F. M. Ladd, of the second part, and Ohas. D. Mathews, of the third part, uwitnesseth: That the parties of the first part, in consideration of the debt and trust hereinafter mentioned and created, and the sum of one dollar to them paid by…
1DissentGantt, J.
The action is ejectment. The defense set up. in the answer is that plaintiff’s claim to the lots in suit depends wholly upon a foreclosure of a deed of trust executed by himself and her husband George N. Boughton to E. M. Ladd as trustee to secure a note of her husband and J. W. McCollum, the plaintiff herein, Thomas J. Ulen, and E. J. Malone. That she, defendant, was not a party to the said note and received none of the consideration; that she was at most but a guarantor for the makers of said note including the plaintiff herein; that the note had been fullypaidoffby plaintiff andthatif not,…
2Cases cited23 opinions
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Campbell v. MesierNew York Court of Chancery · 1819
- Shroyer v. NickellSupreme Court of Missouri · 1874
- Schanewerk v. HoberechtSupreme Court of Missouri · 1893
- Ward v. StoutIllinois Supreme Court · 1863
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