Davis v. Hess
Supreme Court of Missouri
Appeal from Benton Circuit Court. — Hon. D. A. . DeArmond, Judge. (1) The court erred in holding that the deed of trust of December 22, 1885, conveyed the south half of section 9. (2) The court erred in not giving instruction, numbered 1, as asked by defendant.
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Appeal from Benton Circuit Court. — Hon. D. A. . DeArmond, Judge. (1) The court erred in holding that the deed of trust of December 22, 1885, conveyed the south half of section 9. (2) The court erred in not giving instruction, numbered 1, as asked by defendant. Kane v. McCown, 55 Mo. 181; Herndon v. Hawkins, 65 Mo. 265; Boulddn v. Ewart, 63 Mo. 330; Hambright v. Brockman, 59 Mo. 52; Napton v. Hurt, 70 Mo. 497; Goff v. Roberts, 72 Mo. 570. (3) The court erred in refusing to declare the law as prayed in defendant’s second instruction. (4) The court likewise erred in refusing defendant’s third…
1Opinion of the CourtBlack, J.
This is an action of ejectment commenced by David E. Davis and George C. Heard against the defendant Hess to recover seven hundred acres of land in Benton county. The plaintiff Davis .obtained judgment and defendant appealed.
The defendant Hess, by his deed, dated first of September, 1883, conveyed to Chapman one hundred and sixty acres of the land in suit, in trust to secure four notes amounting, to $2,000, all payable to Scotchbrook. Default having been made, the trustee sold the land on the seventh of March, 1887, and the plaintiff Davis became the purchaser. On the twenty-second of…
2Cases cited4 opinions
- Burnett v. McClueySupreme Court of Missouri · 1883
- Wolfe v. DyerSupreme Court of Missouri · 1888
- Prior v. ScottSupreme Court of Missouri · 1885
- Waller v. ArnoldIllinois Supreme Court · 1874
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- Fancher v. ProckSupreme Court of Missouri · 1935
- 146 Dundas Corp. v. Chemical BankMassachusetts Supreme Judicial Court · 1987
- Bynum v. McDowellCourt of Appeals of Tennessee · 1926
- Grooms v. MorrisonSupreme Court of Missouri · 1913
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