Rhodes v. Outcalt
Supreme Court of Missouri
Appeal from Chariton Circuit Court. I. The principle contended for by tbe bank, that all the parties being creditors seeking a preference made their equities equal, and precluded the court from exercising its jurisdiction to disturb the title acquired by the bank, is not supported by any authority, and is directly in conflict with numerous decided cases directly in point.
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Appeal from Chariton Circuit Court. I. The principle contended for by tbe bank, that all the parties being creditors seeking a preference made their equities equal, and precluded the court from exercising its jurisdiction to disturb the title acquired by the bank, is not supported by any authority, and is directly in conflict with numerous decided cases directly in point. (White v. Wilson, 6 Blackf. 448 ; Chamberlain v. Thompson, 10 Conn. 243 ; Young v. Coleman et al., 43 Mo. 179.) H. One of the principles for determining the priorities of equities is that a party taking with such notice of…
1Opinion of the CourtCusRiBR, Judge
This is a suit in equity brought to reform and correct an alleged mistake in the descriptive part of a deed of trust. The case shows that the defendant Outcalt, on the 22d of September, 1862, by his deed of trust of that date, undertook to convey to the plaintiff Rhodes, to secure debts then owing by him to the beneficiaries named in the deed, certain real estate situated in Brunswick, Chariton county, Missouri. The deed described the premises as “ lots 10, 11 and 12, in block six, of the city of-Brunswick.-55 These lots were not then owned by him, but he owned lots of the same numbers in…
2Cases cited4 opinions
- Speck v. RigginSupreme Court of Missouri · 1867
- Porter v. GreenSupreme Court of Iowa · 1857
- White v. WilsonIndiana Supreme Court · 1843
- Welton v. TizzardSupreme Court of Iowa · 1864
3Cited by31 opinions
- Citizens' National Bank v. JudyIndiana Supreme Court · 1896
- Willoughby v. JonesTexas Supreme Court · 1952
- Drey v. DoyleSupreme Court of Missouri · 1889
- Mason v. BlackSupreme Court of Missouri · 1885
- Mayor of Baltimore v. WhittingtonCourt of Appeals of Maryland · 1893
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