Moore v. Lindsey
Missouri Court of Appeals
Appeal from the PolJc Circuit Court. — Hon. W. I. Wallace, Judge. (1) If the plaintiff’s contention is correct then she has an adequate remedy of law and cannot maintain this hill. The point that the petition does not state facts sufficient to constitute a cause of action can be raised for the first time in this court.
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Appeal from the PolJc Circuit Court. — Hon. W. I. Wallace, Judge. (1) If the plaintiff’s contention is correct then she has an adequate remedy of law and cannot maintain this hill. The point that the petition does not state facts sufficient to constitute a cause of action can be raised for the first time in this court. Bateson v. Clark, 37 Mo. 31; State ex rel. v. Matson, 38 Mo. 489; Weil v. Greene Co., 69 Mo. 281; Farley v. Railroad, 72 Mo. 341; Henry v. Bell, 75 Mo. 194. (2) The defendant, International Loan & Trust Company,' having paid the bid of W. A. Lindsey under the Emlett mortgage,…
1Opinion of the CourtSmith, P. J.
This is a suit in equity arising out of substantially the following facts:
D. L. Lindsey executed contemporaneously two mortgages on a certain tract of land, the one to secure a note given for $1,200 to G-eorge Emlett for the purchase money for said tract of land, and the other for $1,000 to secure a debt due plaintiff. It appears directly and inferentially from the evidence that Lindsey made default in the payment of the Emlett mortgage debt when the same became due, and that he made an application to the International Loan & Trust Company, who was made a defendant in the suit for a loan on…
2Cases cited14 opinions
- Barnes v. . MottNew York Court of Appeals · 1876
- Sanford v. McLeanNew York Court of Chancery · 1831
- Levy v. MartinWisconsin Supreme Court · 1880
- Gatewood v. GatewoodSupreme Court of Virginia · 1881
- Griffith v. TownleySupreme Court of Missouri · 1878
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3Cited by4 opinions
- Fox v. DunningSupreme Court of Oklahoma · 1927
- Thompson v. Connecticut Mutual Life InsuranceIndiana Supreme Court · 1894
- Baker v. Farmers' Bank of ConwayMissouri Court of Appeals · 1926
- Sears v. PattersonMissouri Court of Appeals · 1893