Bank of Aurora v. Linzee
Supreme Court of Missouri
Appeal from Dade Circuit- Court. — Hon. D. P. Stratton,. Judge. The proceeding bad in the circuit court of Láwrence county resulting in the decree relied on by respondent, could not affect the rights of Cheedle or Mrs. Linzee for the reason that they were not parties to such proceedings.' The mortgage to plaintiff, whatever the intention of the parties, did not convey the property in controversy.
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Appeal from Dade Circuit- Court. — Hon. D. P. Stratton,. Judge. The proceeding bad in the circuit court of Láwrence county resulting in the decree relied on by respondent, could not affect the rights of Cheedle or Mrs. Linzee for the reason that they were not parties to such proceedings.' The mortgage to plaintiff, whatever the intention of the parties, did not convey the property in controversy. Hence, the title remained in defendant Linzee till the decree of August, 1896, unless conveyed to Vanhook in 1894. If the conveyance to Vanhook was set aside, then the title reverted to him and…
1Opinion of the CourtSherwood, P. J.
Ejectment for land in Lawrence county, and change of venue to Dade county. Answer, general denial. The evidence showed that defendant, a number ,of years before this suit was brought, to-wit, in 1890, had owed plaintiff a considerable sum on notes secured by deed of trust •in which wife joined, with Wheat as trustee. Through mistake oi’ otherwise, description of land in deed wrong, and suit brought by present plaintiff against defendant and one 'Vanhook to reform the deed. This reformation occurred and a decree was entered to that effect. The decree showed, by *499its recitals of fact, that…
2Cases cited3 opinions
- Riddick v. WalshSupreme Court of Missouri · 1852
- Rhodes v. OutcaltSupreme Court of Missouri · 1871
- Fitch v. GosserSupreme Court of Missouri · 1873
3Cited by3 opinions
- Scrivner v. American Car and Foundry Co.Supreme Court of Missouri · 1932
- Erhart v. Wabash RailroadMissouri Court of Appeals · 1909
- Wilson v. Supreme Liberty Life Insurance Co.Missouri Court of Appeals · 1961