Palmer v. Welch
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — How. James D. Barnett, Judge. (1) The element of fraud is not in the case. There was no intention upon the part of Judge Reid to misrepresent a fact or conceal the truth about the deed of trust in order to induce the defendants to buy the land.
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Appeal from Lincoln Circuit Court. — How. James D. Barnett, Judge. (1) The element of fraud is not in the case. There was no intention upon the part of Judge Reid to misrepresent a fact or conceal the truth about the deed of trust in order to induce the defendants to buy the land. Freeland v. Williamson, 220 Mo. 231; Keeney v. McVoy, 206 Mo. 58; Harrison v. McReynolds, 183 Mo. 549. By the slightest diligence defendants could have ascetained that the deed of trust was upon the land, before they paid the interest on the county mortgage and levee taxes. (2) The court against the objection and…
1Opinion of the CourtAllen, J.
(after stating the facts). — We are not concerned with, the question of the consideration for the notes involved in this suit. The trial court found that the notes were valid as between Welch, the maker thereof, and Reid, the bankrupt, and that they had not been paid; the court ordered the deed of trust foreclosed and the land sold, subject of course to the prior incumbrance of the school fund mortgage. However, the finding of the lower court was, in effect, that the trustee in bankruptcy of Reid should be estopped from asserting any claim upon these notes as against the defendants Elsberry…
2Cases cited13 opinions
- Blodgett v. PerrySupreme Court of Missouri · 1888
- David v. ParkMassachusetts Supreme Judicial Court · 1870
- Galbraith v. LunsfordTennessee Supreme Court · 1888
- Laclede Construction Co. V. T. J. Moss Tie Co.Supreme Court of Missouri · 1904
- Kiefer v. RogersSupreme Court of Minnesota · 1872
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3Cited by11 opinions
- Citizens Bank of Senath v. DouglassMissouri Court of Appeals · 1913
- Roeckeler Lumber Co. v. WahlbrinkMissouri Court of Appeals · 1915
- Mitchell v. Newton County BankMissouri Court of Appeals · 1926
- Noell v. RemmertSupreme Court of Missouri · 1930
- Statler Manufacturing, Inc. v. BrownMissouri Court of Appeals · 1985
6 more not listed; retrieve them via the Exa API.