First National Bank v. Rohrer
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The withholding from record of the deed from Lebold & Fisher to Mr. Rohrer, and the mortgage back, was a fraud upon the appellants, Harkness, Wyman & Russell. Lebold & Fisher are in law conclusively presumed to have intended the legitimate effects of their own acts.
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Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The withholding from record of the deed from Lebold & Fisher to Mr. Rohrer, and the mortgage back, was a fraud upon the appellants, Harkness, Wyman & Russell. Lebold & Fisher are in law conclusively presumed to have intended the legitimate effects of their own acts. Bank v. Doran, 109 Mo. 42; Bank v. Frame, 112 Mo. 515; Bank v. Buck, 123 Mo. 141; Hildéburn v. Brown, 17 B. Mon. 779; Hillard v. Cagle, 46 Miss. 309; 2 Bigelow on Frand, p. 365; Seals v. Robinson, 75 Ala. 363; Bank of U. S. v. Houseman, 6 Page, 526; Blackman v.…
1Opinion of the Court
Burgess, J¡
This is an action to reform and foreclose a mortgage upon real estate in Callaway county. Suit was brought July 9, 1890, in the circuit court of Callaway county, but afterward, by proper proceedings, removed for trial to the circuit court of Jackson county, where, upon trial, a decree was rendered as hereinafter stated.
The mortgage was given to secure the payment of fifteen negotiable promissory notes for the sum of $5,000 each, with interest after maturity at the rate of seven per cent per annum, executed by the defendants, George W. O. Boberts and Nathan Blevins, at Chicago, on…
2Cases cited19 opinions
- Davis v. OwnsbySupreme Court of Missouri · 1851
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Mayes v. RobinsonSupreme Court of Missouri · 1887
- State Bank v. FrameSupreme Court of Missouri · 1892
- Logan v. SmithSupreme Court of Missouri · 1876
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3Cited by19 opinions
- Borgess Investment Co. v. VetteSupreme Court of Missouri · 1898
- Landis v. McDonaldMissouri Court of Appeals · 1901
- St. Louis Mutual Life Insurance v. WalterSupreme Court of Missouri · 1932
- Nagel v. Lindell Railway Co.Supreme Court of Missouri · 1902
- Wall v. BeedySupreme Court of Missouri · 1901
14 more not listed; retrieve them via the Exa API.