Jennings v. Sparkman
Missouri Court of Appeals
Appeal from the Butler Circuit Court. — Hon. John Gr. Wear, Judge. (1) The instruction to find for defendant was error. The question whether in fact the deed is to the grantor’s use is for the jury. Weber v. Armstrong, 70 Mo. 220; Few son v. Tootle, 72 Mo. 632; State ex ret. r>. Cooper, 79 Mo. 446 ; Bullene v. Barrett, 87 Mo. 186 ; Thompson v. Foerstel, 10 Mo.
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Appeal from the Butler Circuit Court. — Hon. John Gr. Wear, Judge. (1) The instruction to find for defendant was error. The question whether in fact the deed is to the grantor’s use is for the jury. Weber v. Armstrong, 70 Mo. 220; Few son v. Tootle, 72 Mo. 632; State ex ret. r>. Cooper, 79 Mo. 446 ; Bullene v. Barrett, 87 Mo. 186 ; Thompson v. Foerstel, 10 Mo. App. 299. There was nothing on the face of this deed of trust from which a power of sale in the grantor could be inferred. Thompson v. Foerstel, 10 Mo. App. 299 ; Drug Co. v. Robinson, 81 Mo. 23. The power in the grantor to sell must…
1Opinion of the CourtThompson, J.
This case was before this court on a former appeal, and is reported in 39 Mo. App. 663. It is an action of replevin for four mules of the alleged value of $500. The defendant purchased tire mules from Joseph M. Fulton. Prior to his purchase Fulton had conveyed the mules, together with other property to the plaintiff, in trust to secure a debt due from Fulton to Berth old & Jennings, of St. Louis. On the trial from which the former appeal was prosecuted, and, .also, on the trial from which the present appeal is prosecuted, the deed of trust was objected to by the -defendant on two grounds:…
2Cases cited7 opinions
- Bullene v. BarrettSupreme Court of Missouri · 1885
- Chapman v. KerrSupreme Court of Missouri · 1883
- Mix v. KepnerSupreme Court of Missouri · 1883
- Jennings v. SparkmanMissouri Court of Appeals · 1890
- Goddard v. JonesSupreme Court of Missouri · 1883
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3Cited by7 opinions
- Paquin v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1901
- Clark v. . WhitehurstSupreme Court of North Carolina · 1915
- Scudder v. BaileyMissouri Court of Appeals · 1896
- Hasbrouck v. RichMissouri Court of Appeals · 1905
- Schnabel v. ThomasMissouri Court of Appeals · 1903
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