Hardy v. Atkinson
Missouri Court of Appeals
Appeal from Moniteau Circuit Court. — Hon. William H. Martin, Judge. (1) In this case the amended petition as refiled June 10, 1907, haying alleged that W. J. Atkinson executed the note and deed of trust, given to secure its payment and which are referred to, in, and filed with, said petition to enforce the payment of which note and to foreclose said deed of trust, this suit was instituted, and that said W. J. Atkinson died prior to the institution of suit thereon; then,…
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Appeal from Moniteau Circuit Court. — Hon. William H. Martin, Judge. (1) In this case the amended petition as refiled June 10, 1907, haying alleged that W. J. Atkinson executed the note and deed of trust, given to secure its payment and which are referred to, in, and filed with, said petition to enforce the payment of which note and to foreclose said deed of trust, this suit was instituted, and that said W. J. Atkinson died prior to the institution of suit thereon; then, under the law, the administrator of said W. J. Atkinson was necessary party defendant therein. R. S. 1899, sec. 4846;…
1Opinion of the CourtBrqaddus, P. J.
The appeal in this case is from the action of the court in overruling defendant’s demurrer to plaintiff’s petition.
The recitations of the petition in substance are: That in September, 1898, one W. J. Atkinson executed his promissory note payable to James T. Atkinson or order for the sum of $500 due one day after date, bearing seven per cent interest per annum; that the said W. J. Atkinson with his wife the defendant Sarah C. for the purpose of securing the payment of the note executed a deed of trust in the nature of a mortgage with J. E. Lander as trustee conveying to the latter for the use…
2Cases cited11 opinions
- Riddick v. WalshSupreme Court of Missouri · 1852
- Rogers v. WolfeSupreme Court of Missouri · 1890
- Gragg v. GraggSupreme Court of Missouri · 1877
- Hufschmidt v. GrossSupreme Court of Missouri · 1892
- Thornton v. PiggSupreme Court of Missouri · 1857
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