Wood v. Kice
Supreme Court of Missouri
Appeal from Ray Circuit Court. — Hon. J. M. Sandusky, Judge. (1) The petition of plaintiff was defective, and the demurrer of defendants thereto should have been sustained. Tapley n. Matson, 38 Mo. 489 ; Headlee n. Cloud, 51 Mo. 301. (2) The defendants were not estopped from pleading the want of power to execute the mortgage in question, as a defense to plaintiff’s foreclosure suit. Tiedeman on Real Property, sec. 728, p. 553 ; Dougal n. Fryer, 3 Mo. 40 ; Collins n.
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Appeal from Ray Circuit Court. — Hon. J. M. Sandusky, Judge. (1) The petition of plaintiff was defective, and the demurrer of defendants thereto should have been sustained. Tapley n. Matson, 38 Mo. 489 ; Headlee n. Cloud, 51 Mo. 301. (2) The defendants were not estopped from pleading the want of power to execute the mortgage in question, as a defense to plaintiff’s foreclosure suit. Tiedeman on Real Property, sec. 728, p. 553 ; Dougal n. Fryer, 3 Mo. 40 ; Collins n. Glamorgan, 5 Mo. 272; Bales n. Perry, 51 Mo. 4SO-; Wolff n. Berning, 74 Mo. 96. (3) The power to sell the premises charged with…
1Opinion of the Court
Thomas. J.
The questions to be determined on this appeal grow out of the construction to be given to the following deed:
“ This deed, made and entered into, by and between John C. Cates and Rutha Cates, his wife, of the first part, and Joseph S. Hughes, trustee, of the second part, and Joella Kice and the heirs of her body, of the third part, all of the county of Ray, in the .state of Missouri, witnesseth: That the said party of the first part, for and in consideration of the sum of $700, to them in hand paid, by said party of the second part, as trustee as aforesaid, the receipt whereof is…
2Cases cited11 opinions
- Farrar v. Christy's AdministratorsSupreme Court of Missouri · 1857
- Green v. SuttonSupreme Court of Missouri · 1872
- Turner v. ShawSupreme Court of Missouri · 1888
- Price v. CourtneySupreme Court of Missouri · 1885
- Richeson v. SimmonsSupreme Court of Missouri · 1870
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Utter v. SidmanSupreme Court of Missouri · 1902
- Cornwell v. WulffSupreme Court of Missouri · 1899
- Keller v. KellerSupreme Court of Missouri · 1936
- Walton v. DrumtraSupreme Court of Missouri · 1899
- Wilmans v. RobinsonSupreme Court of Arkansas · 1900
6 more not listed; retrieve them via the Exa API.