Higgins v. Evans
Supreme Court of Missouri
Appeal from St. Loiiis City Circuit Court. — Row. Daniel D. Fisher, Judge. (1) The petition alleges a state of facts which would have existed, provided no alteration had been made in the debt as it was' originally. But that debt had been altered in its terms, and duration, and no longer remained the debt described in the petition, as was conclusively shown by the evidence.
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Appeal from St. Loiiis City Circuit Court. — Row. Daniel D. Fisher, Judge. (1) The petition alleges a state of facts which would have existed, provided no alteration had been made in the debt as it was' originally. But that debt had been altered in its terms, and duration, and no longer remained the debt described in the petition, as was conclusively shown by the evidence. Therefore the court erred in refusing defendant’s declarations of law 1 and 2. Stilwell v. Aaron, 69 Mo. 543; Kelly v. Tkuey, 143 Mo. 422; Powell v. Bank, 146 Mo. 620; MeMurtrey v. Sparks, 71 Mo. App. 126; Johnson v. Bank,…
1Opinion of the CourtYalliant, J.
-By a deed poll the plaintiff conveyed to the defendant certain real estate in St. Louis which was encumbered with a mortgage for $10,000.00, which deed contained the following clause: “he (the *631grantor) will warrant and defend except as to a certain deed of trust dated May 29th, 1893, recorded in book 1167, page 95, made to secure $10,000; said Daniel Evans assumes the payment of said $10,000 and interest thereon from February 8, 1897, and taxes for the year 1897. ’ ’ The plaintiff, the grantor in the deed, having, at the end of a lawsuit against him, been compelled to pay the balance…
2Cases cited4 opinions
- Pratt v. ConwaySupreme Court of Missouri · 1899
- Nelson v. BrownSupreme Court of Missouri · 1897
- Harburg v. KumpfSupreme Court of Missouri · 1899
- Johnson v. Franklin BankSupreme Court of Missouri · 1903
3Cited by5 opinions
- Mary G. Roebling v. Robert B. Anderson, Secretary of the TreasuryCourt of Appeals for the D.C. Circuit · 1958
- Willock's EstateSuperior Court of Pennsylvania · 1914
- Muri v. YoungMontana Supreme Court · 1926
- Wonderly v. GiesslerMissouri Court of Appeals · 1906
- Phoenix Trust Co. v. GarnerMissouri Court of Appeals · 1933