Finley v. Babb
Supreme Court of Missouri
Appeal from Scott Circuit Court. — Hon. H. C. Riley Judge. (1) The plaintiff purchased under the first deed of trust. The defendant purchased under the second. The question now to determine is which got the better title. Of course sale under the first deed of trust under which we purchased made the better title unless it was invalid as to the purchaser at the sale under the second deed of trust.
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Appeal from Scott Circuit Court. — Hon. H. C. Riley Judge. (1) The plaintiff purchased under the first deed of trust. The defendant purchased under the second. The question now to determine is which got the better title. Of course sale under the first deed of trust under which we purchased made the better title unless it was invalid as to the purchaser at the sale under the second deed of trust. (2) True the first deed of trust, was not executed by the grantor herself, but was executed In her name by her son who was her general agent, without her knowledge or consent, but she afterward…
1Opinion of the CourtBurgess, J.
This is an action of ejectment for the possession of the northwest quarter of the southwest quarter of section 33, township 27, range 15, in Scott county, Missouri. The trial was before the court, a jury being waived. There was judgment in favor of defendants, from which plaintiff appealed. The case was tried upon the following agreed statement t>f facts:
‘'Mrs. Missouri Kirkpatrick was the owner of the land in dispute. On the 20th day of September, 1892, her son, Lank Kirkpatrick, made a trust deed on the land to Wm. Halloway, trustee for J. E. Hagan, to secure a note of $300. This deed of…
2Cases cited2 opinions
- Fleming v. JohnsonSupreme Court of Arkansas · 1871
- Daniel v. LefevreSupreme Court of Arkansas · 1857
3Cited by3 opinions
- Bailey v. WilliamsSupreme Court of Missouri · 1959
- White v. GreenleeSupreme Court of Missouri · 1932
- Finley v. BabbSupreme Court of Missouri · 1903