Overall v. Ellis

A clear and concise statement of the facts in this case will be found reported in 32 Mo. 322, where it was held that the respondent, having the legal title, had the right to collect the notes and foreclose the mortgage given to secure their payment, and that the liability of the respondent to account to the assignee in bankruptcy did not affect the right of the plaintiff in this suit. The appellants again raise the same point, and insist that the evidence of the proceedings and decree in bankruptcy in the matter- of Thomas J. Payne should have been admitted, and that the rights of the…