Hammerslough v. Cheatham
Supreme Court of Missouri
Appeal from Jablcson Circuit Court. — Hon. S. H. Woodson, Judge. If defendant, Mrs. Cheatham, executed the deed of trust charged in the petition, to secure the note therein described, she could not afterwards buy in a title outstanding at the time the deed of trust was given, and hold the land by such title against a purchaser under the deed of trust. This is upon the plainest principle of equity.
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Appeal from Jablcson Circuit Court. — Hon. S. H. Woodson, Judge. If defendant, Mrs. Cheatham, executed the deed of trust charged in the petition, to secure the note therein described, she could not afterwards buy in a title outstanding at the time the deed of trust was given, and hold the land by such title against a purchaser under the deed of trust. This is upon the plainest principle of equity. Having pledged the land, as owner, as security for a debt, she is estopped from asserting an adverse title, independent of any statutory provision or the effect of any covenants in her deed. Bogy…
1Opinion of the Court
Philips, C.
This is a suit in equity to set aside a certain deed held by the defendant, Susan, to certain lands in Jackson county, and to vest whatever title she holds thereunder in the plaintiff. The history of this •controversy is substantially as follows: In May, 1872, Susan A. Summers, a widow, owned the land in controversy. She had acquired it under deed from one E. P. West. In the month aforesaid one Elijah E. Kellogg, of Ann Arbor, Michigan, came to Kansas City to loan some money. He met one J. J. Crandall, a practicing lawyer of that city, with whom he soon struck up an acquaintance,…
2Cases cited10 opinions
- Noble v. BlountSupreme Court of Missouri · 1883
- Fontaine v. Boatmens' Savings InstitutionSupreme Court of Missouri · 1874
- Huey v. HueySupreme Court of Missouri · 1877
- Field v. StaggSupreme Court of Missouri · 1873
- Bray v. MarshallSupreme Court of Missouri · 1882
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3Cited by23 opinions
- Sneathen v. SneathenSupreme Court of Missouri · 1891
- Central National Bank v. DoranSupreme Court of Missouri · 1891
- Renehan v. McAvoyCourt of Appeals of Maryland · 1911
- Mudd v. DillonSupreme Court of Missouri · 1901
- Tonkawa Milling Co. v. Town of TonkawaSupreme Court of Oklahoma · 1905
18 more not listed; retrieve them via the Exa API.