Shields v. McClure
Missouri Court of Appeals
Appeal from the Clark Circuit Court. — Hon. Edwin M. MoKee, Judge. The defendant states correctly the elements of estoppel in pais and inferentially that the case does not contain these elements. What element of estoppel is lacking in this case? Let ns analyze. First.
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Appeal from the Clark Circuit Court. — Hon. Edwin M. MoKee, Judge. The defendant states correctly the elements of estoppel in pais and inferentially that the case does not contain these elements. What element of estoppel is lacking in this case? Let ns analyze. First. False representations or concealment: Does not the evidence clearly show concealment on the part of Mr. McClure? -The letter of McClure speaks of shouldering plaintiff’s debt, besides Mrs. Shields testifies that in conversation with her, and also in another letter which was lost,' the defendant told her he had assumed her debt…
1Opinion of the Court
Biggs, J. —
This is an action by plaintiff as beneficiary in a deed of trust on land, against the defendant as purchaser of the equity of redemption, founded on an alleged agreement on the part of the defendant to pay the mortgage debt. After reciting the existence of the mortgage debt, the deed from the mortgagors to the defendant contains the clause, to wit, “which *636indebtedness the grantee (defendant) herein, assumes as a further consideration for this conveyance.” The property was sold under the deed of trust for a sum much less than the debt and the plaintiff sues the defendant for the…
2Cited by7 opinions
- Albert Dupeck and Bessie Dupeck v. Union Insurance Company of AmericaCourt of Appeals for the Eighth Circuit · 1964
- Palmer v. WelchMissouri Court of Appeals · 1913
- State ex rel. Kennan v. Fidelity & Deposit Co.Missouri Court of Appeals · 1902
- Short v. ThomasMissouri Court of Appeals · 1914
- Dunham v. JeromeMissouri Court of Appeals · 1932
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