State Insurance v. Irwin
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon-. James Gtbson, Judge. (1) The admission of the certified copy of the trustee’s deed in evidence, without first making an affidavit or showing that the original was lost, destroyed, or not within the control of the defendant, was error for which this case must be reversed.
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Appeal from the Jackson Circuit Court. — Hon-. James Gtbson, Judge. (1) The admission of the certified copy of the trustee’s deed in evidence, without first making an affidavit or showing that the original was lost, destroyed, or not within the control of the defendant, was error for which this case must be reversed. Secs. 2427, 2428, R. S. 1889; Pierce v. Ceorger, 103 Mo. 540-543; Crespen v. Hounavan, 72 Mo. 548; Christie' v. Kavanaugh, 45 Mo. 376; Strain v. Murphy, 49 Mo. 340; Hoskinson v. Atkins, 77 Mo. 538; 1 Greenleaf on Evidence, sec. 558. (2) The court permitted witness Bush, who was…
1Opinion of the CourtGill, J.
In the year 1887, Irwin sold and conveyed to Taylor a vacant lot in Kansas City. The purchase price was $1,500, of which Taylor paid $300 in cash and gave his note to Irwin for the balance. In order that Taylor might erect a residence on the lot, Irwin agreed that Taylor might borrow from a third party $1,675 on the property, and that he, Irwin, would accept a second mortgage to secure the balance of the purchase money. Thereupon Taylor borrowed the above named amount from a loan company; executed to it his note and first mortgage, and gave to Irwin a second mortgage. Taylor built a house on…
2Cases cited1 opinion
- Hall v. MorganSupreme Court of Missouri · 1883
3Cited by8 opinions
- McFarland v. MelsonSupreme Court of Missouri · 1929
- US Bank National Ass'n v. CoxMissouri Court of Appeals · 2011
- Keifer v. ShacklettMissouri Court of Appeals · 1900
- Central Bank of Kansas City v. donald Perry, et uxMissouri Court of Appeals · 2014
- Monett Lodge, No. 106, I. O. O. F. v. HartmanMissouri Court of Appeals · 1914
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