Long v. Greene County Abstract & Loan Co.
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. Alfred Page, Judge. Equity will not entertain jurisdiction where there is an adequate remedy at law. Thias v. Siener, 103 Mo. 314; Davidson v. Dockery, 179 Mo. 687. The plaintiffs had an adequate remedy at law. The defendants are admitted to be solvent. The laws give them an adequate remedy. Laws 1905, p. 173, sec. 3708. He-who seeks equity must do equity. Rnppel v. Savings.
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Appeal from Greene Circuit Court. — Hon. Alfred Page, Judge. Equity will not entertain jurisdiction where there is an adequate remedy at law. Thias v. Siener, 103 Mo. 314; Davidson v. Dockery, 179 Mo. 687. The plaintiffs had an adequate remedy at law. The defendants are admitted to be solvent. The laws give them an adequate remedy. Laws 1905, p. 173, sec. 3708. He-who seeks equity must do equity. Rnppel v. Savings. Association, 158 Mo. 622. Unless a judgment is responsive to the issues set up in pleadings it is erroneous, and motion in arrest of such judgment should he sustained. Schneider v.…
1Opinion of the CourtWoodson, P. J.
This was a suit instituted in the circuit court of Greene county by the plaintiffs, having for its' object the injunction of defendant from selling two certain lots of ground situate in Block H in Eagle Heights Place, Springfield, Missouri.
A demurrer was filed to the bill by defendants, which was by the court overruled; and they, declining to plead further, judgment was rendered in favor of plaintiffs, enjoining the sale of the' lots and reforming the contract, eliminating therefrom all usurious interest from the evidence of the debt and se-ourities of the loan, purging the first note and…
2Cases cited12 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hammond v. . PennockNew York Court of Appeals · 1874
- Estes v. ReynoldsSupreme Court of Missouri · 1882
- Kline v. VogelSupreme Court of Missouri · 1886
- St. Louis, Keokuk & Northwestern Railroad v. ClarkSupreme Court of Missouri · 1893
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3Cited by9 opinions
- Russell v. Shell Petroleum CorporationCourt of Appeals for the Tenth Circuit · 1933
- Patterson v. WymanSupreme Court of Minnesota · 1919
- Stubblefield v. HusbandSupreme Court of Missouri · 1937
- Shropshire v. Commerce Farm Credit Co.Texas Commission of Appeals · 1926
- Calloway Bank v. EllisMissouri Court of Appeals · 1922
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