Legal Opinion

Boatmen's Savings Bank v. Grewe

Supreme Court of Missouri

Decided October 15, 1890PublishedCited by 5 opinions

Appeal from, St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The good faith and belief in an absolute title, which is required in equity as a condition of the allowance for improvements made upon land of which the possessor is not the owner, is determined by the same considerations and principles which govern the question of what is an innocent purchaser1 for value. “In good faith” is equivalent to “without notice.”

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Appeal from, St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The good faith and belief in an absolute title, which is required in equity as a condition of the allowance for improvements made upon land of which the possessor is not the owner, is determined by the same considerations and principles which govern the question of what is an innocent purchaser1 for value. “In good faith” is equivalent to “without notice.” Lee v. Bowman, 55 Mo. 400 ; Coover v. Johnson, 86 Mo. 533. Any fact which, should put an ordinary man on inquiry is notice. Major v. Buckley, 51 Mo. 227. (2) The…

1Opinion of the CourtBlack, J.

This is a suit in equity to redeem lots 17 and 18 in Belt’s addition to St. Louis from a sale of the lots for payment of taxes, and for possession. The facts are these:

Manning Mayfield, by a deed of trust dated the first of. June, 1876, conveyed the lots to Henry Belt in trust to secure Mayfield’s note of the same date for $292.50, due in one year and payable to Greorge Belt and Francis Tafts. The note was duly assigned to the plaintiff -within -twenty days after its date. Thereafter the collector' commenced suit to enforce the lien for taxes for the year 1876. The parties named in the deed…

2Cases cited5 opinions

  1. Penn v. ClemansSupreme Court of Iowa · 1865
  2. Stump v. HornbackSupreme Court of Missouri · 1887
  3. Boatmen's Savings Bank v. GreweSupreme Court of Missouri · 1884
  4. Stump v. HornbeckMissouri Court of Appeals · 1884
  5. Poole, Gilliam & Co. v. JohnsonSupreme Court of Iowa · 1883

3Cited by5 opinions

  1. Landau v. CottrillSupreme Court of Missouri · 1900
  2. McAboy v. PackerSupreme Court of Missouri · 1945
  3. Johnson v. SchwarzSupreme Court of Missouri · 1961
  4. Krahenbuhl v. ClaySupreme Court of Missouri · 1940
  5. Martin v. EversoleCourt of Appeals of Kentucky (pre-1976) · 1934

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