Dickerson v. Cuthburth
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. J. T. Neville, Judge. The petition does not aver that defendant Hodnett, or any defendant, had any notice or knowledge whatever of the alleged mistake in the description of the land conveyed by Cuthburth to Dickerson in the deed of trust, which Dickerson seeks in this action to have corrected and declared prior to defendant’s title and all other incumbrances; and there is no evidence that defendant had any notice or knowledge of…
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Appeal from the Greene Circuit Court. — Hon. J. T. Neville, Judge. The petition does not aver that defendant Hodnett, or any defendant, had any notice or knowledge whatever of the alleged mistake in the description of the land conveyed by Cuthburth to Dickerson in the deed of trust, which Dickerson seeks in this action to have corrected and declared prior to defendant’s title and all other incumbrances; and there is no evidence that defendant had any notice or knowledge of such alleged mistake prior to or at the time of his purchase of said land. Cox v. Esteb, 81 Mo. 393; JPikev. \Bobertson,…
1Opinion of the CourtRombauee,P. J.
— This is asnit in equity seekingthe reformation of a deed of trust, and its foreclosure after reformation. A decree in conformity with the prayer of the petition was rendered by the trial court. The *649■defendant, Hodnett, alone appeals, and he assigns for error that the petition fails to state any cause of action, and that the decree is not warranted by the evidence.
For the purpose of deciding the first point thus raised, it suffices to state the substantive facts alleged in the petition, which are as follows: Cuthburth in September, 1888, was indebted to the plaintiff in the sum of $600, and…
2Cases cited4 opinions
- Nycum v. McAllisterSupreme Court of Iowa · 1871
- Russell v. LowthSupreme Court of Minnesota · 1874
- Lang v. MoreySupreme Court of Minnesota · 1889
- Miller v. LittleCalifornia Supreme Court · 1874
3Cited by6 opinions
- Dickerson v. BridgesSupreme Court of Missouri · 1898
- Stark Bros. v. GlaserSupreme Court of Oklahoma · 1907
- Pittsburg Mortgage Inv. Co. v. SneedSupreme Court of Oklahoma · 1916
- Razzano v. BurchamWashington Supreme Court · 1921
- Nash v. Farmers & Merchants BankCourt of Appeals of Kansas · 1896
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