Coney v. Laird
Supreme Court of Missouri
Error to Benton Circuit Court. — Hon. W. W. Wood, Judge. (1) The application of payments must be made to such debts as the debtor was legally bound to pay, and not to such as he was not legally bound to pay. Poindexter v. LaRoche, 7 Smed. & M. (Miss.) 699; Beck y. Hass, 31 Mo.
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Error to Benton Circuit Court. — Hon. W. W. Wood, Judge. (1) The application of payments must be made to such debts as the debtor was legally bound to pay, and not to such as he was not legally bound to pay. Poindexter v. LaRoche, 7 Smed. & M. (Miss.) 699; Beck y. Hass, 31 Mo. App. 180. (2)' The evidence shows the grossest kind of fraud and collusion, and that while it was advertised to be a public sale for cash yet in fact it was to be a private sale to Shirk, and all on time, excepting the interests, taxes and costs. Such a collusive arrangement would be a fraud upon the owner of the land,…
1Opinion of the CourtBurgess, J.
This is an action to restrain a sale of lands under a deed of trust, and for an accounting.
A temporary injunction was granted in the case, which, upon motion of defendants after answers filed, was dissolved, and 'judgment rendered for defendants. Plaintiff then filed his motion for a new trial, which was overruled and he appeals.
Prior to the 20th day of November, 1889, the estate of William Eeed, deceased, owned a large body of land in Benton county, containing about 9,526.81 acres. About that time the executors of said William Eeed sold these lands to one Eichard H. Melton, of Sedalia, for…
2Cases cited2 opinions
- Beck v. HaasSupreme Court of Missouri · 1892
- Mead v. McLaughlinSupreme Court of Missouri · 1868
3Cited by8 opinions
- Dowden v. StateCourt of Criminal Appeals of Texas · 1988
- McCune v. GoodwillieSupreme Court of Missouri · 1907
- Case v. SipesSupreme Court of Missouri · 1919
- Hill Bros. v. Bank of SenecaMissouri Court of Appeals · 1903
- McClure v. ClementMissouri Court of Appeals · 1912
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