Barrett v. Davis
Supreme Court of Missouri
Appeal from, Johnson Circuit Court. — Hon. Charles W. Sloan, Judge. Plaintiffs are husband and wife. The purpose of their present suit is to set aside a deed of trust in the nature of a mortgage, made in 1882, conveying Mrs. Barrett’s land (her sole and separate property in equity), to secure a note of Mr. Barrett for $3,000 and interest. The defendants are the holders of the note secured and the trustee (with power of sale), named in the deed of trust.
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Appeal from, Johnson Circuit Court. — Hon. Charles W. Sloan, Judge. Plaintiffs are husband and wife. The purpose of their present suit is to set aside a deed of trust in the nature of a mortgage, made in 1882, conveying Mrs. Barrett’s land (her sole and separate property in equity), to secure a note of Mr. Barrett for $3,000 and interest. The defendants are the holders of the note secured and the trustee (with power of sale), named in the deed of trust. The petition alleges two grounds or causes of action. By the first it is asserted, in substance, that the incumbrance is not binding on Mrs.…
1Opinion of the CourtBarclay, J.
— This being a cause of equitable cognizance, it has been necessary to review the facts disclosed by the record of the trial.
I. As to the first count there was some evidence, chiefly by Mrs. Barrett, tending to contradict the essential facts recited in the certificate of acknowledgment. On the other hand, the notary gave a circumstantial and clear account of the transaction just as he described it official^.
In our state, in view of the obvious meaning of the statute on this subject, the courts have felt constrained to hold that such certificates may be avoided by evidence aliunde showing…
2Cases cited10 opinions
- Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891
- Law v. CrossSupreme Court of the United States · 1862
- Butler v. SmithMississippi Supreme Court · 1858
- Leavitt v. LaForceSupreme Court of Missouri · 1879
- Raalte v. HarringtonSupreme Court of Missouri · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Herrman v. DaffinMissouri Court of Appeals · 1957
- Hanna v. South St. Joseph Land Co.Supreme Court of Missouri · 1894
- Storey v. StoreyCourt of Appeals for the Seventh Circuit · 1914
- State ex rel. Guinan v. JarrottSupreme Court of Missouri · 1904
- Hatcher v. HallMissouri Court of Appeals · 1956
25 more not listed; retrieve them via the Exa API.