Legal Opinion

Messenbaugh v. Goll

Missouri Court of Appeals

Decided March 4, 1918Published

Appeal from Caldwell Circuit Court. — Hon. Arch B. Davis, Judge.

1Opinion of the CourtEllison, P. J.

This action is replevin whereby plaintiff seeks to recover possession of a promissory note. The case was tried by the court without the aid. of a jury and judgment rendered for plaintiff.

It appears that Prances Pilkington was married to James Cullen in the year 1900. Before her marriage she owned a tract of real estate. That several years after her marriage she sold the land, her husband joining in the deed, to one John G-oll and in part payment took his note, secured by deed of trust on the land, for $6500, payable in five years “to the order of Prances D. Cullen and James Cullen, share and…

2Cases cited11 opinions

  1. Gibson v. ZimmermanSupreme Court of Missouri · 1849
  2. Becraft v. LewisMissouri Court of Appeals · 1890
  3. State ex rel. Hounsom v. MooreMissouri Court of Appeals · 1885
  4. Craig v. BradleyMissouri Court of Appeals · 1911
  5. Hurt v. CookSupreme Court of Missouri · 1899

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