Reynolds v. Faust
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court. — How. Henry C. Riley, Judge. (1) For the purposes of demurrer the averments of the petition are to be taken as true.
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Appeal from Cape Girardeau Circuit Court. — How. Henry C. Riley, Judge. (1) For the purposes of demurrer the averments of the petition are to be taken as true. It is alleged that the deed of trust was voluntary and without consideration, that the note secured by it was fictitious, and that the sale sought to be enjoined was to be made at the instance and for the benefit of Benjamin R. and Bettie D. Hempstead, for whose interest plaintiff paid full value at the partition sale. These are the admissions by demurrer of Robert L. Taylor, the pretended beneficiary. Can it be that under these…
1Opinion of the CourtMarshall, J.
— This is a bill in equity to remove a cloud upon the title to a certain lot of ground in the city of Cape Girardeau, being a part of lot one, range E, having a front of forty-two feet on Broadway or Plarmony street, by a depth northwardly of ninety-nine feet, and for an injunction to restrain the defendants from foreclosing the deed of trust on the land, which is the cloud complained of.
The petition alleges that the plaintiff is the owner in fee of the premises; that he acquired an undivided three-fourths interest.therein from the former owners *24of that interest, Alfred Minton, William H.…
2Cases cited7 opinions
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- Anderson v. RobertsNew York Supreme Court · 1820
- Howe & Wallace v. WaysmanSupreme Court of Missouri · 1848
- Gordon v. RitenourSupreme Court of Missouri · 1885
- Bonney v. TaylorSupreme Court of Missouri · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Davidson v. DockerySupreme Court of Missouri · 1904
- McCullam v. Buckingham Hotel Co.Missouri Court of Appeals · 1917
- Brinkerhoff v. JudenSupreme Court of Missouri · 1914
- Pierce v. . StallingsSupreme Court of North Carolina · 1913
- Rowland v. Boston Insurance Co.Missouri Court of Appeals · 1932