Legal Opinion

Tyson v. Farm & Home Savings & Loan Ass'n

Supreme Court of Missouri

Decided June 12, 1900PublishedCited by 9 opinions

Appeal from Douglass Circuit Court. — Hon. 17. N. Evans, (1) Tlie motion to strike out plaintiff’s petition and for judgment on tibe answer and cross-bill should bave been sustained. R. S. 1889, secs. 8920, 8924; Larimore v. Bobb, 114 Mo. 446; Snyder v. Ranb, 40 Mo. 166; Haskell v. Sullivan, 31 Mo. 4-35; Carr v. Dowes, 4:6 Mo. App. 351; Royer v. Girman, 48 Mo.

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Appeal from Douglass Circuit Court. — Hon. 17. N. Evans, (1) Tlie motion to strike out plaintiff’s petition and for judgment on tibe answer and cross-bill should bave been sustained. R. S. 1889, secs. 8920, 8924; Larimore v. Bobb, 114 Mo. 446; Snyder v. Ranb, 40 Mo. 166; Haskell v. Sullivan, 31 Mo. 4-35; Carr v. Dowes, 4:6 Mo. App. 351; Royer v. Girman, 48 Mo. App. 510. (2) There is no claim or pretense that the amount paid, by defendant to discharge the fruit tree lien to Stark Bros., was unreasonable or excessive, and his acceptance and putting the deed of release to record was a…

1Opinion of the CourtYalliant, J.

Suit in equity to set aside a deed of trust on the ground of fraud; the defense being a denial of the fraud and a cross-bill to foreclose the deed of trust. There was a finding for the plaintiff on the issues, and a decree cancelling the deed of trust, from which defendant appeals.

The following controlling facts are gathered from the evidence:

The defendant corporation had an agent, one Woods, at Norwood, Missouri, through whom its business at that point passed, and through whom the transactions we are now concerned with passed. Tyson owned a small farm, worth about $1,200, in Douglas county,…

2Cases cited3 opinions

  1. Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
  2. Haskell v. SullivanSupreme Court of Missouri · 1862
  3. Larimore v. BobbSupreme Court of Missouri · 1893

3Cited by9 opinions

  1. State ex rel. Evans v. BroaddusSupreme Court of Missouri · 1912
  2. State Ex Rel. Schlueter Manufacturing Co. v. BeckSupreme Court of Missouri · 1935
  3. Trautmann v. TrautmannSupreme Court of Missouri · 1923
  4. State Ex Rel. Thompson v. HarrisSupreme Court of Missouri · 1946
  5. Morley v. PrendivilleSupreme Court of Missouri · 1927

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