Legal Opinion

Schradski v. Albright

Supreme Court of Missouri

Decided October 15, 1887PublishedCited by 16 opinions

Appeal from Jaclcson Circuit Court. — Hon. E. M. Black, Judge. (1) The court should not have admitted the evidence offered by defendants to show that they were innocent purchasers without notice of plaintiff’s equities. No equitable defence was pleaded. Northup ». Ins. Co., 47 Mo. 443 ; Greenway r. James, 34 Mo. 326 ; Newham is. Kenton, 79 Mo. 382. (2) So the facts constituting an equitable estoppel, testified to by the witness, King, were improperly admitted.

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Appeal from Jaclcson Circuit Court. — Hon. E. M. Black, Judge. (1) The court should not have admitted the evidence offered by defendants to show that they were innocent purchasers without notice of plaintiff’s equities. No equitable defence was pleaded. Northup ». Ins. Co., 47 Mo. 443 ; Greenway r. James, 34 Mo. 326 ; Newham is. Kenton, 79 Mo. 382. (2) So the facts constituting an equitable estoppel, testified to by the witness, King, were improperly admitted. Bray v. Marshall, 75 Mo. 327; Noble v. Blount, 77 Mo. 235 ; Weise v. Moore, 22 Mo. App. 530. (3) A defendant cannot introduce evidence…

1Opinion of the CourtNorton, C. J.

This is a suit in equity, begun on the twenty-eighth of March, 1884, in which the plaintiff substantially avers in his petition, that, being the owner in fee of lot six, in block three, in Mumford and Fancher’s addition to Kansas City, he, on the tenth day of November, 1877, conveyed the same, by general warranty deed, to Alexander and Albert Frankenthal, for the expressed consideration of two hundred dollars ; that, at the time 'said conveyance was executed, it was *45understood and agreed that said deed, though conveying an absolute estate, was in fact merely given to secure the payment, by…

2Cases cited4 opinions

  1. Landrum v. Union BankSupreme Court of Missouri · 1876
  2. O'Neill v. CapelleSupreme Court of Missouri · 1876
  3. Mann v. BestSupreme Court of Missouri · 1876
  4. Stevenson v. Saline CountySupreme Court of Missouri · 1877

3Cited by16 opinions

  1. Riley v. BlackerMontana Supreme Court · 1915
  2. Span v. Jackson-Walker Coal & Mining Co.Supreme Court of Missouri · 1929
  3. Hargadine v. HendersonSupreme Court of Missouri · 1888
  4. Condit v. MaxwellSupreme Court of Missouri · 1898
  5. State Ex Inf. Attorney-General v. School Dist.Supreme Court of Missouri · 1926

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