Stewart v. Omaha Loan & Trust Co.
Supreme Court of Missouri
Appeal from Texas Circuit Court. — Hon. L. B. Wood-side, Judge. (1) It cannot be successfully claimed that tbe plaintiff bas any advantage as an innocent purchaser; for tbe following reasons: (a) Being an innocent purchaser must be affrmatively pleaded.: so also must it affirmatively be proved: tbe onus lies on tbe pleader. Young v. Schofield, 132 Mo. 663; Holdsworth v. Shannon, 113 Mo. 525; Conn. Mut. Ins. Co. v. Smith, 117 Mo. 293; 22 Ency. PI. & Pr. 734; 23 Am. & Eng.
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Appeal from Texas Circuit Court. — Hon. L. B. Wood-side, Judge. (1) It cannot be successfully claimed that tbe plaintiff bas any advantage as an innocent purchaser; for tbe following reasons: (a) Being an innocent purchaser must be affrmatively pleaded.: so also must it affirmatively be proved: tbe onus lies on tbe pleader. Young v. Schofield, 132 Mo. 663; Holdsworth v. Shannon, 113 Mo. 525; Conn. Mut. Ins. Co. v. Smith, 117 Mo. 293; 22 Ency. PI. & Pr. 734; 23 Am. & Eng. Ency. Law (2 Ed.), 522. • (b) There is not only an entire lack of evidence to sustain such a contention on the part of the…
1Opinion of the CourtWalker, J.
This is a suit to quiet title to certain land in Texas County. The plaintiff prevailed below and the defendants have appealed. In April, 1901., Edwin McNinch and wife, the oAvners of the land in question, executed certain notes of even date to the Omaha Loan & Trust Company, three aggregating $140, due respectively April 1, 1902, April 1, 1903, and April 3, 1904, and one other note for $1000 due April 1, 1908. To secure the payment of these notes the makers executed to the payee two separate deeds of trust, one to secure the payment of the three notes aggregating $140 and the other to secure…
2Cases cited29 opinions
- Owings v. McKenzieSupreme Court of Missouri · 1896
- Beatie v. ButlerSupreme Court of Missouri · 1855
- Gerdine v. MenageSupreme Court of Minnesota · 1889
- Hume v. HopkinsSupreme Court of Missouri · 1897
- Mitchell v. LadewSupreme Court of Missouri · 1865
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3Cited by11 opinions
- Brock v. Mobile & Ohio RailroadSupreme Court of Missouri · 1932
- Madget v. JenkinsSupreme Court of Missouri · 1970
- Wm. H. Johnson Timber & Realty Co. v. BeltSupreme Court of Missouri · 1932
- Clark Real Estate Co. v. Old Trails Investment Co.Supreme Court of Missouri · 1934
- Lucas v. SmithSupreme Court of Missouri · 1964
6 more not listed; retrieve them via the Exa API.