Bohart v. Chamberlain
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. Cr. W. Dunn, Judge. (1) At the time of the institution of this suit the note secured by the deed of trust alleged to have been •executed by defendant was long past due, the plaintiff had “a plain, adequate and complete remedy at law,” ■and the court erred in entertaining jurisdiction of the ■ cause. R. S., secs. 3217, 3208 and 3558; Biddle v. Ramsay, 52 Mo. 153; Railroad v. Reynolds, Sup. Ct.
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Appeal from Clinton Circuit Court. — Hon. Cr. W. Dunn, Judge. (1) At the time of the institution of this suit the note secured by the deed of trust alleged to have been •executed by defendant was long past due, the plaintiff had “a plain, adequate and complete remedy at law,” ■and the court erred in entertaining jurisdiction of the ■ cause. R. S., secs. 3217, 3208 and 3558; Biddle v. Ramsay, 52 Mo. 153; Railroad v. Reynolds, Sup. Ct. Mo., not yet reported; Odie v. Odie, 73 Mo. 289-294. Under no head of equity jurisdiction can its action be .sustained. Fraud is not charged. There is no account…
1Opinion of the CourtSherwood, J.
This proceeding, an equitable one, was instituted to declare and establish a deed of trust on the southwest quarter of section 30, township 55 of range 30, the petition alleging that the deed had been *625executed, but subsequently lost or destroyed; and there was a prayer for general relief. The answer was a general denial.
The evidence, as preserved in the bill of exceptions, is as follows : The plaintiff, to maintain the issues on his part, testified in his own behalf: “About September 3, 1882, the defendant was indebted to the Lathrop bank on several notes amounting in the aggregate, including…
2Cases cited1 opinion
- Garrett v. LynchSupreme Court of Alabama · 1871
3Cited by3 opinions
- Cartright v. CartrightWest Virginia Supreme Court · 1912
- Deutsche Bank National Trust Co. v. PyleMissouri Court of Appeals · 2017
- Bostwick v. Florida Central & Western RailroadSupreme Court of Florida · 1911