Knox County v. Goggin
Supreme Court of Missouri
Appeal from Knox Circuit Court. — Hon. B. E. Turner, Judge. (1) Entry of satisfaction of the school-fund.mortgage by the deputy county clerk was a nullity. R. S. 1879, sec. 7114; State ex ret. v. Moeller, 48 Mo. 381; St. Louis Co. v. Bonner, 72 Mo. 389 ; State v. Hitfcman, 84 Mo. 81; St. Louis Co. v. Heathy 8 Mo. App. 104. It was no part of 'the duty of the deputy county clerk to collect the school fund from Goggin. See authorities, supra.
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Appeal from Knox Circuit Court. — Hon. B. E. Turner, Judge. (1) Entry of satisfaction of the school-fund.mortgage by the deputy county clerk was a nullity. R. S. 1879, sec. 7114; State ex ret. v. Moeller, 48 Mo. 381; St. Louis Co. v. Bonner, 72 Mo. 389 ; State v. Hitfcman, 84 Mo. 81; St. Louis Co. v. Heathy 8 Mo. App. 104. It was no part of 'the duty of the deputy county clerk to collect the school fund from Goggin. See authorities, supra. (2) Where the officers of a private corporation are unfaithful to their trust, a court of equity, upon a proper showing, will allow stockholders to file a…
1Opinion of the CourtBlack, J.
This is a suit by Knox county to the use of the swamp-land fund against Goggin and the Connecticut Mutual Life Insurance. Company to foreclose a mortgage executed by Goggin, and to set aside a satisfaction of the mortgage made by the deputy county clerk. The circuit court postponed the county mortgage to a deed of trust held by the defendant company of a subsequent date, and then decreed a foreclosure of both instruments. From that decree the plaintiff and the defendant Goggin appealed.
On October 12, 1875, Goggin executed his bond in the sum of $500, payable to the county in one year, for the…
2Cases cited2 opinions
- State v. MoellerSupreme Court of Missouri · 1871
- State ex rel. St. Louis County v. BonnerSupreme Court of Missouri · 1880
3Cited by16 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Laclede Construction Co. v. Tudor Iron WorksSupreme Court of Missouri · 1902
- Atlantic Life Ins. v. RowlandCourt of Appeals for the Fourth Circuit · 1927
- W. A. Gaines & Co. v. E. Whyte Grocery, Fruit & Wine Co.Missouri Court of Appeals · 1904
- Snyder v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
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