Turner v. Johnson
Supreme Court of Missouri
Gross-Appeals from Livingston Circuit Court. — Hon. James L. Davis, Judge. (1) The plaintiff’s petition is defective in improperly joining different-grounds of action in the same count. (2) The plaintiff, in his second amended petition, states that the sale did not take place at the court-house door, or at the door of a building used as such, and was, therefore, void.
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Gross-Appeals from Livingston Circuit Court. — Hon. James L. Davis, Judge. (1) The plaintiff’s petition is defective in improperly joining different-grounds of action in the same count. (2) The plaintiff, in his second amended petition, states that the sale did not take place at the court-house door, or at the door of a building used as such, and was, therefore, void. He farther charged that the indebtedness secured by the deed of trust and all he owed the defendant had been paid off. If so, his only remedy was by action at law in ejectment for possession. The court will not exercise its…
1Opinion of the CourtBlack, J.
The plaintiff, Thomas Turner, on the twenty-fifth-of July, 1875, executed a deed of trust on twenty-eight hundred and fifteen acres of land in DeKalb county, this state, to secure the. paymept of his note of that date for fifteen thousand dollars, due in five years with semi-annual interest, payable to the Life Association of America. The defendant Johnson, as the surety of Turner, paid 'a debt to the Northern Bank of Kentucky. He was also bound in a like capacity for the payment of another debt of Turner to the Farmers’ National Bank of Mount Sterling, Kentucky.' Both of these debts had been…
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