Truesdale v. Brennan
Supreme Court of Missouri
Transferred from St. Lonis Court of Appeals.- (1) A verbal agreement that one of two instruments is to bave priority over tke other may be shown. Linville v. Savage, 58 Mo. 248; Rogers v. Tucker, 94 Mo. 346. (2) The recital in a deed of trust that it is given to secure a balance of purchase money does not ipso facto make it a prior lien, and proof of an agreement that it was not to be a prior lien does not tend to change or alter the terms of a" written instrument.
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Transferred from St. Lonis Court of Appeals.- (1) A verbal agreement that one of two instruments is to bave priority over tke other may be shown. Linville v. Savage, 58 Mo. 248; Rogers v. Tucker, 94 Mo. 346. (2) The recital in a deed of trust that it is given to secure a balance of purchase money does not ipso facto make it a prior lien, and proof of an agreement that it was not to be a prior lien does not tend to change or alter the terms of a" written instrument. Linville v. Savage, supra. (3) While the law requires that the proof of agency of the husband for the wife shall be cogent and…
1Opinion of the CourtMarshall, J.
This case was certified to this court by the St. Louis Court of Appeals on the ground that title to real estate is involved. It is a bill in equity to have the plaintiffs’ deed of trust for five hundred and fifty dollars decreed to have priority over a deed of trust for twenty-one hundred dollars held by the Charter Oak Building and Loan Association. Both deeds of trust were executed by defendant Brennan, on the same property, on the 24th of March, 1892. The defendant’s deed was filed for record at 2:18 p. m. and the plaintiffs’ at 2:37 p. m. The plaintiff’s deed of trust recites that it is…
2Cases cited7 opinions
- Ringo v. RichardsonSupreme Court of Missouri · 1873
- Melton v. SmithSupreme Court of Missouri · 1877
- Rogers v. TuckerSupreme Court of Missouri · 1887
- Paris v. HaleySupreme Court of Missouri · 1875
- Linville v. SavageSupreme Court of Missouri · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Balz v. NelsonMissouri Court of Appeals · 1903
- State ex rel. Reed v. ElliottSupreme Court of Missouri · 1904
- Sinclair Refining Co. v. WyattSupreme Court of Missouri · 1941
- King v. HayesSupreme Court of Missouri · 1928
- Rader v. DawesMissouri Court of Appeals · 1983
4 more not listed; retrieve them via the Exa API.