Briscoe v. Longmire
Missouri Court of Appeals
Appeal from Monroe Circuit Court. — Hon. David H. Eby, Judge. (1) The position of the plaintiffs is that the title to real estate is not involved in this action. A suit in equity to enjoin the sale of real estate under a deed of trust on .the ground that the debt has been paid is not an action involving the title to real estate. Gay v. Savings and Bldg. Assn., 149 Mo. 606; Bonner v. Lisenby, 157 Mo. 165; State ex rel. v. Bearing, 180 Mo. 53; Christopher v. Home and Sav.
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Appeal from Monroe Circuit Court. — Hon. David H. Eby, Judge. (1) The position of the plaintiffs is that the title to real estate is not involved in this action. A suit in equity to enjoin the sale of real estate under a deed of trust on .the ground that the debt has been paid is not an action involving the title to real estate. Gay v. Savings and Bldg. Assn., 149 Mo. 606; Bonner v. Lisenby, 157 Mo. 165; State ex rel. v. Bearing, 180 Mo. 53; Christopher v. Home and Sav. Assn., 180 Mo. 568. (2) Where the validity of a mortgage or deed of trust on land, as such, is not called in question, but…
1Opinion of the CourtReynolds, P. J.
In the petition in this suit, instituted in Monroe county, plaintiff prays that a certain deed of trust covering lands in Ralls county be adjudged null and void and not a lien on the real estate described in it; that the deed of trust be set aside and cancelled of record, and that five promissory notes, each for the sum of forty-five dollars therein described, be adjudged null and void and cancelled, and that the defendant in each of them be perpetually restrained and enjoined from proceeding under the deed of trust to foreclose or sell the real estate or any part thereof and that in the…
2Cases cited3 opinions
- State ex rel. South Missouri Pine Lumber Co. v. DearingSupreme Court of Missouri · 1904
- Castleman v. CastlemanSupreme Court of Missouri · 1904
- Russell v. CroySupreme Court of Missouri · 1901
3Cited by1 opinion
- Brutcher v. FitzsimmonsSupreme Court of Missouri · 1938