Curtis v. Moore
Supreme Court of Missouri
Appeal from Scott Circuit Court. — Hon. Henry G. Riley, Judge. (1) The judgment is not supported by the evidence. The testimony of plaintiff and her witnesses is too loose and uncertain to .justify the judgment of the court. There is no testimony from which the court can arrive at a conclusion that the notes had been paid, at the time of the sale.
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Appeal from Scott Circuit Court. — Hon. Henry G. Riley, Judge. (1) The judgment is not supported by the evidence. The testimony of plaintiff and her witnesses is too loose and uncertain to .justify the judgment of the court. There is no testimony from which the court can arrive at a conclusion that the notes had been paid, at the time of the sale. No credits are shown except those on the notes, and the statement of plaintiff that she had made payments, without giving any dates or amounts, is not sufficient to overcome the indorsements on the notes. (2) Defendants Moore and Williams are not…
1Opinion of the CourtMarshall, J.
This is a bill in equity to declare a resulting trust, for an accounting, and to set aside a trustee’s deed to eighty acres of land in Scott county, Missouri, being the south half of the northwest quarter, of section twenty-four, township twenty-seven, to divest the title out of the purchaser at the sale under the deed of trust and vest it in the plaintiff, if the accounting shows that the debt secured by the deed of trust was paid before the deed of trust was foreclosed, and if not so paid, to require the trustee to turn over to the plaintiff the surplus of the amount received by him at the…
2Cases cited1 opinion
- Smith v. BoydSupreme Court of Missouri · 1901
3Cited by6 opinions
- Smith v. HaleySupreme Court of Missouri · 1958
- Trenton Motor Company v. WatkinsMissouri Court of Appeals · 1956
- Warfield v. HumeMissouri Court of Appeals · 1902
- Arkansas State Highway Commission v. ButlerCourt of Appeals for the Eighth Circuit · 1939
- Rutherford v. SampleMissouri Court of Appeals · 1914
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