Legal Opinion

Powell v. Banks

Supreme Court of Missouri

Decided December 8, 1898PublishedCited by 11 opinions

Appeal from Pettis Circuit Court. — Hon. Richard Field, Judge. (1) The deed of trust relied on by plaintiffs was not a perfect deed because it never was so delivered as to give effect as a completed deed.

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Appeal from Pettis Circuit Court. — Hon. Richard Field, Judge. (1) The deed of trust relied on by plaintiffs was not a perfect deed because it never was so delivered as to give effect as a completed deed. Hammer slough v. Cheatham, 84 Mo. 20; Huey v. Huey, 65 Mo. 692; Griming v. Steele, 122 Mo. 287; Railroad v. Rif, 13 Ohio St..252; Hicks v. Goode, 12 Leigh, 479; Overman v. Kerr, 17 Iowa, 490; Brevard v. Neeley, 34Tenn. 169; Conner v. Bahvin, 16 Minn. 175; Hill v. McMichal, 13 Atl. Rep. 886; State ex rel. v. Porter, 63 Mo. 212; St. Louis P, Club v. Tegler, 17 Mo. App. 571; State v. McGonigle,…

1Opinion of the CourtRobinson, J.

This is an equitable proceeding to establish the priority of a lien of a certain deed of trust made by J. S. Banks to J. D. Crawford, as trustee for the plaintiffs, on certain real estate situated in Pettis county, over another deed of trust made by said Banks for the joint benefit of the Mutual Benefit Life Insurance Company of Newark, N. J., to secure a debt to said company of Mrs. Banks, and to indemnify her on account of having mortgaged her land for the benefit of her husband. Both deeds of trust cover the same land and bear date of April 27, 1893. The latter trust deed, however, was put…

2Cases cited1 opinion

  1. Chowder v. SearcySupreme Court of Missouri · 1890

3Cited by11 opinions

  1. Jones v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
  2. Bell v. StateSupreme Court of Georgia · 1898
  3. Robb v. N. W. Electric Power CooperativeSupreme Court of Missouri · 1957
  4. Poplin v. BrownMissouri Court of Appeals · 1918
  5. Albert Dupeck and Bessie Dupeck v. Union Insurance Company of AmericaCourt of Appeals for the Eighth Circuit · 1964

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