Legal Opinion

Munson v. Ensor

Supreme Court of Missouri

Decided October 15, 1887PublishedCited by 13 opinions

Appeal from Nodaway Circuit Court. — Hon. H. S. Kelley, J udge. • (1) Appellant is a bona-fide innocent purchaser for value of the real estate sought to be redeemed, without any notice of any equity of respondent therein, and should hold the title thereto as against respondent in this action. The law is too well settled on this point to require citation of numerous authorities.

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Appeal from Nodaway Circuit Court. — Hon. H. S. Kelley, J udge. • (1) Appellant is a bona-fide innocent purchaser for value of the real estate sought to be redeemed, without any notice of any equity of respondent therein, and should hold the title thereto as against respondent in this action. The law is too well settled on this point to require citation of numerous authorities. Story’s Equity (7 Ed.) sec. 409 ; Digby v. Jones, 67 Mo. 104; Jones v. Savings Inst, 67 Mo. 109. (2) Appellant acquired title by'a warranty deed. His grantor held under quit-claim deeds. The law is that a purchaser…

1Opinion of the CourtBlack, J.

This was a • suit to redeem a house and lot in Quitman, Nodaway county, from a sale under a deed of trust. The plaintiff, Munson, stood indicted for a felonious assault, and Mr. Hilgerth and five other persons were the sureties on a recognizance for his appearance on the first Monday of March, 1881, in the circuit court of that county. On the twenty-sixth of November, 1880, plaintiff made the deed of trust on the property in question to Montgomery, as trustee, to secure a note of eighteen hundred dollars, payable to the sureties on or before the first of March, 1881, the purpose being to, *507save…

2Cases cited7 opinions

  1. Campbell v. Laclede Gas Light Co.Supreme Court of Missouri · 1884
  2. Bales v. PerrySupreme Court of Missouri · 1873
  3. Fox v. HallSupreme Court of Missouri · 1881
  4. Sharp v. CheathamSupreme Court of Missouri · 1885
  5. Brown v. Banner Coal & Coal Oil Co.Illinois Supreme Court · 1880

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Hickman v. GreenSupreme Court of Missouri · 1894
  2. Wilson v. ArmstrongCourt of Appeals of Texas · 1921
  3. National Bank of Commerce v. MorrisSupreme Court of Missouri · 1893
  4. Eoff v. IrvineSupreme Court of Missouri · 1891
  5. Hrovat v. BinghamMissouri Court of Appeals · 1960

8 more not listed; retrieve them via the Exa API.

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