Reed v. Colp
Supreme Court of Missouri
Transferred from St. Lonis Court of Appeals. (1) A bill of exceptions, when filed, constitutes a part of tbe record, and may be amended by tbe court at tbe term, or any subsequent term, as any other part of tbe record may be amended, to correspond with wbat, in fact, occurred. Elliott, App.
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Transferred from St. Lonis Court of Appeals. (1) A bill of exceptions, when filed, constitutes a part of tbe record, and may be amended by tbe court at tbe term, or any subsequent term, as any other part of tbe record may be amended, to correspond with wbat, in fact, occurred. Elliott, App. Proc., sec. 825. It bas been properly said that tbe proceeding for tbe correction of a record is curative ratber than creative, and that tbe theory is that tbe ruling involved was actually made, but not' properly entered. It is when tbe record does not express wbat took place in tbe court that it may be…
1Opinion of the CourtLamm, J.
This is a suit in equity to enjoin a sale under a deed of trust upon real estate belonging to plaintiffs and situate in Stoddard county, Missouri, and to cancel the notes secured thereby as void by reason of fraud and misrepresentation moving in their execution, and to remove the cloud upon plaintiffs’ title arising from the record lien of said deed of trust. Defendants are the trustee, Plouck, and the beneficiaries in the deed of trust, to-wit, John and Monroe Colp, doing business as the Colp Lumber and Machine Company.
The decree was for plaintiffs and defendants appeal.
At the April term of…
2Cases cited8 opinions
- Ross v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1897
- Exchange National Bank v. AllenSupreme Court of Missouri · 1878
- State v. GartrellMissouri Court of Appeals · 1903
- Overton v. OvertonSupreme Court of Missouri · 1895
- Nearen v. BakewellSupreme Court of Missouri · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Johnston v. RaganSupreme Court of Missouri · 1915
- Noren v. American School of OsteopathyMissouri Court of Appeals · 1928
- Blanchard v. DormanSupreme Court of Missouri · 1911
- Coy v. LandersMissouri Court of Appeals · 1910
- Dehatre v. RuenpohlSupreme Court of Missouri · 1937
8 more not listed; retrieve them via the Exa API.