Legal Opinion

Taylor v. Von Schraeder

Supreme Court of Missouri

Decided October 15, 1891PublishedCited by 16 opinions

Appeal from St. Louis County Circuit Court. —Hon.. W. W. Edwards, Judge. (1) First. A judgment is the decision and' sentence of the law propounded by the court or other competent tribunal upon the matter contained in the-record. Freeman on Judgments, pp. 1, 2; 6 Wait, p. 767, and citation ; Crosby v. Jerome, 37 Ind. 264. Second.. And such a judgment is conclusive, even if erroneous,, till regularly annulled or reversed by an appeal for that purpose.

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Appeal from St. Louis County Circuit Court. —Hon.. W. W. Edwards, Judge. (1) First. A judgment is the decision and' sentence of the law propounded by the court or other competent tribunal upon the matter contained in the-record. Freeman on Judgments, pp. 1, 2; 6 Wait, p. 767, and citation ; Crosby v. Jerome, 37 Ind. 264. Second.. And such a judgment is conclusive, even if erroneous,, till regularly annulled or reversed by an appeal for that purpose. Wells on Res Adjudicata, sec. 6, p. 4 ; Hollester r. Abbott, 11 Foster (N. H.)'448 ; Aurora City v. West, 7 Wall. 82; Board v. Fowler, 19 Cal.…

1Opinion of the CourtBrace, J.

This is an action by petition in the nature of a bill in equity for the specific performance of an alleged parol contract for the conveyance of a tract of land known as the Mount farm, in St. Louis county, containing about four hundred and fifty acres.

On the twentieth of August, 1872, William C. Taylor being the owner, with his wife, Mary L. Taylor, executed a deed of trust conveying said land to William Pettis and Charles Parsons, trustees,-to secure the payment to Frederick Yon Sehraeder of seven promissory notes — one principal note of $20,000, payable three years after date, and six…

2Cases cited13 opinions

  1. Emmel v. HayesSupreme Court of Missouri · 1890
  2. Forrester v. ScovilleSupreme Court of Missouri · 1873
  3. Modrell v. RiddleSupreme Court of Missouri · 1884
  4. Taylor v. WilliamsSupreme Court of Missouri · 1869
  5. Veth v. GierthSupreme Court of Missouri · 1887

8 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. State Ex Rel. Johnson v. BlairSupreme Court of Missouri · 1943
  2. McClintock v. Skelly Oil Co.Missouri Court of Appeals · 1938
  3. King v. IsleySupreme Court of Missouri · 1893
  4. Scudder v. AtwoodMissouri Court of Appeals · 1893
  5. Territory Ex Rel. Sylva v. MoritaHawaii Supreme Court · 1955

11 more not listed; retrieve them via the Exa API.

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