Johnson v. Houston
Supreme Court of Missouri
Error to First District Court. I. Plaintiffs could only recover on their legal title, and they had none when they instituted their suit, nor have they any now. (Hill v. Draper, 10 Barb. 454; Gurno v. Janis’ Adm’r, 6 Mo. 330.) H. An outstanding title in a mortgagee is a good defense to an action of ejectment, and the same rule applies as to deeds of trust. (Meyers v. Campbell et at., 12 Mo. 603 ; Norcum v. D’Oench et al., 17 Mo. 98; 2 Greenl.
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Error to First District Court. I. Plaintiffs could only recover on their legal title, and they had none when they instituted their suit, nor have they any now. (Hill v. Draper, 10 Barb. 454; Gurno v. Janis’ Adm’r, 6 Mo. 330.) H. An outstanding title in a mortgagee is a good defense to an action of ejectment, and the same rule applies as to deeds of trust. (Meyers v. Campbell et at., 12 Mo. 603 ; Norcum v. D’Oench et al., 17 Mo. 98; 2 Greenl. Ev., § 304; Welch v. McKay, 10 Mo. 229; Sutton v. March, 38 Mo. 120; 9 Cow. 86 ; Adams’Eject. 32 ; Covert v. Irvin, 3 Serg. &R. 283.) The trustee held…
1Opinion of the CourtBliss, Judge
In 1860 defendant Pemberton conveyed to plaintiff, Harriet P. Johnson, a tract of land in Pettis county for $440, for which she gave her notes, and, to secure them, executed with her husband a deed of trust upon the same land, and forthwith entered upon it and made improvements. In 1861 the husband entered *230the army, and Mrs. Johnson some time afterward left the premises. The notes not being paid, defendant Pemberton executed a deed purporting to convey the premises to defendant Houston, who went into possession, and this suit was brought against him for possession. After its commencement,…
2Cases cited6 opinions
- Woods v. HilderbrandSupreme Court of Missouri · 1870
- In re the Trustees of the New York Protestant Episcopal Public SchoolNew York Court of Appeals · 1865
- Meyer v. CampbellSupreme Court of Missouri · 1849
- Walcop & Griswold v. McKinney's HeirsSupreme Court of Missouri · 1846
- Hubble v. VaughanSupreme Court of Missouri · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Ashley v. CookSupreme Court of Georgia · 1900
- Schanewerk v. HoberechtSupreme Court of Missouri · 1893
- Wendover v. BakerSupreme Court of Missouri · 1894
- Bailey v. WinnSupreme Court of Missouri · 1890
- Jackson v. MagruderSupreme Court of Missouri · 1872
19 more not listed; retrieve them via the Exa API.