White v. Rush
Supreme Court of Missouri
Appeal from Marion Circuit Court. I. When the court declared that the sale and deed of Thompson to plaintiff were void, it had no power to proceed any further, except to remit the parties to their former status, the plaintiff not having asked the relief the court gave him. (Wagn. Stat., p. 999, ch. 110, Art. V, § 3; Am. Law. Reg., vol. 2, p. 721.)
1Opinion of the CourtWagner, Judge
Plaintiff commenced his action in ejectment to recover the possession of certain real estate set out and described in the petition.
The defendant, in his answer, denied the allegations in the petition, and set up as new matter, as an equitable defense, that the deed under which plaintiff claimed title was void; that the deed was executed by one Thos. E. Thompson by virtue of a sale made under a deed of trust executed by defendant and wife to Thompson as trustee to secure the payment of a debt owing by defendant' to . plaintiff; that the deed, required that the trustee should give at least…
2Cited by8 opinions
- Newham v. KentonSupreme Court of Missouri · 1883
- Ross v. RossSupreme Court of Missouri · 1883
- Leet v. GratzMissouri Court of Appeals · 1902
- Thrush v. City of CameronMissouri Court of Appeals · 1886
- Orchard v. National Exchange BankMissouri Court of Appeals · 1906
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