Collins v. Stocking
Supreme Court of Missouri
Appeal from Holt Circuit Court. — Hon. H. S. Kelley, Judge. (1) The effect of the quitclaim deed from Ham to Irvine would be to satisfy and discharge Irvine’s deed of trust and debt secured thereby, if that was the intention of Ham in making, and Irvine in taking, it. 1 Jones on Mort., sec. 855; Champony v. Coope, 34 Barb. 539. And as to what their intentions were, was purely a question of fact for the jury, to be determined by them from all the evidence, facts and…
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Appeal from Holt Circuit Court. — Hon. H. S. Kelley, Judge. (1) The effect of the quitclaim deed from Ham to Irvine would be to satisfy and discharge Irvine’s deed of trust and debt secured thereby, if that was the intention of Ham in making, and Irvine in taking, it. 1 Jones on Mort., sec. 855; Champony v. Coope, 34 Barb. 539. And as to what their intentions were, was purely a question of fact for the jury, to be determined by them from all the evidence, facts and circumstances in proof in the case. Williamson v. Fischer, 50 Mo. 198; St. Vrain v. Levee Co., 56 Mo. 590 ; Holliday v. Jones, 59…
1Opinion of the CourtBlack, J.
— This is an action of ejectment for ten acres of land. The answer is a general denial. Both parties claim under Melvina Soper.
The defendant put in evidence a deed of trust from Melvina Soper and her husband to Albert Roecker as trustee, dated August 16, 1870, to secure a debt of that date for $186.50, payable to Clarke Irvine; a deed of general warranty from the Sopers to John Ham, dated March 3, 1874; a quitclaim deed from Ham to Clarke Irvine, dated January 1, 1877; and a contract of sale from Irvine to defendant Stocking, under which he took possession.
The plaintiff’s title is a deed of…
2Cases cited3 opinions
- Joerdens v. SchrimpfSupreme Court of Missouri · 1883
- Tucker v. CrowleyMassachusetts Supreme Judicial Court · 1879
- Atkinson v. AngertSupreme Court of Missouri · 1870
3Cited by8 opinions
- Tolman v. SmithCalifornia Supreme Court · 1890
- Scott v. HillSupreme Court of Missouri · 1932
- Seiberling, Miller & Co. v. TiptonSupreme Court of Missouri · 1893
- Ess v. GriffithSupreme Court of Missouri · 1895
- Gerardi v. ChristieMissouri Court of Appeals · 1910
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