State ex rel. Phillips v. Green
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) The petition does not state facts constituting a cause of action for it nowhere states that F. T. Jackson is insolvent or that the notes made by relator W. E, Phillips and wife to F. T. Jackson have ever been paid or that they are in the hands of an innocent purchaser.
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Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) The petition does not state facts constituting a cause of action for it nowhere states that F. T. Jackson is insolvent or that the notes made by relator W. E, Phillips and wife to F. T. Jackson have ever been paid or that they are in the hands of an innocent purchaser. State ex rel. v. Thompson, 81 Mo-. App. 549; Bank v¡ Leyser, 116 Mo. 77, sec. 6, 22 S. W. 501. (2) As the satisfaction of record of the trust deed by appellant J. W. Green, in the manner as stated in plaintiffs’ petition was done in the presence of and at the…
1Opinion of the CourtBland, P. J.
After alleging the appointment of John W. Green as clerk of the Pemiscot Circuit Court, by virtue of which appointment he became ese officio recorder of deeds of said county, and setting forth his official bond, as recorder, with the other defendants as sureties thereon, the petition proceeds as follows:
“Plaintiff further states that the said defendant, John W. Green, has failed to perform the conditions of said bond in that he has not ‘faithfully performed the duties enjoined on him by law as recorder in this, to-wit: That on the tenth day of May, 1902, said John W. Green negligently,…
2Cases cited3 opinions
- State ex rel. Patterson v. TittmannSupreme Court of Missouri · 1896
- AnomymousTennessee Supreme Court · 1851
- Ruddick v. St. Louis, Keokuk & Northwestern Railway Co.Supreme Court of Missouri · 1893
3Cited by3 opinions
- Manufacturing Co. v. . HesterSupreme Court of North Carolina · 1919
- State ex rel. Bryant Manufacturing Co. v. HesterSupreme Court of North Carolina · 1919
- State ex rel. Phillips v. GreenMissouri Court of Appeals · 1907