Brannock v. Jaynes
Missouri Court of Appeals
Appeal from Cape Girardeau Court of Common Pleas. —Eon. Robert G. Ranney, Judge. (1) The petition sought to foreclose a deed of trust, and was an equitable proceeding and treated as such by the trial court, a jury having been waived; and in such cases, where all the evidence is preserved in the record, the appellate courts will review the evidence and try the case de novo as far as practicable and render such decree as ought to be rendered under the law and the evidence.
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Appeal from Cape Girardeau Court of Common Pleas. —Eon. Robert G. Ranney, Judge. (1) The petition sought to foreclose a deed of trust, and was an equitable proceeding and treated as such by the trial court, a jury having been waived; and in such cases, where all the evidence is preserved in the record, the appellate courts will review the evidence and try the case de novo as far as practicable and render such decree as ought to be rendered under the law and the evidence. Turner v. Overall, Í72 Mo. 271; Hunter v. Railroad, 149 Mo. App. 253; Meyers v. Schuchmann, 182 Mo. 159; Lewis v. Rhodes,…
1Opinion of the CourtReynolds, P. J.
This is an action by plaintiff against A. C. Jaynes and his wife, and A. D. Wilcox, trustee.
The petition states that on September 8,1908, the defendant A. C. Jaynes, for value received, executed and delivered to plaintiff his promissory noté for $4000, due and payable five years after date, with interest thereon payable semiannully at the rate of seven per cent, per annum from date until paid; that a copy of the note is attached, but that plaintiff is unable to produce the *157original’or to file it for the reason that defendant A. C. Jaynes has obtained possession of it without having any legal…
2Cases cited7 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- State ex rel. Detroit Fire & Marine Insurance v. EllisonSupreme Court of Missouri · 1916
- State ex rel. Wyandotte Lodge No. 35 of the Independent Order of Odd Fellows v. EvansSupreme Court of Missouri · 1903
- Priest v. WaySupreme Court of Missouri · 1885
- Carr v. HolbrookSupreme Court of Missouri · 1822
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State Ex Rel., De Weese v. MorrisSupreme Court of Missouri · 1949
- Smith v. Ohio Millers Mutual Fire InsuranceSupreme Court of Missouri · 1928
- Worth v. WorthWyoming Supreme Court · 1935
- Borogan v. LynchSupreme Court of Iowa · 1927
- Canty v. HalpinSupreme Court of Missouri · 1922
4 more not listed; retrieve them via the Exa API.