Brutcher v. Fitzsimmons

Suit in equity brought in the Circuit Court of the City of St. Louis to cancel a number of promissory notes and a deed of trust securing the same, executed by the plaintiffs in part payment of the purchase price of a lot in Sherwood’Park, a subdivision located in St. Louis County. The plaintiffs rely on failure of the consideration of the notes.

We give the substance of the pleadings and the judgment.

The lot was purchased by plaintiffs from the Homestead Realty Company, a corporation, and they received from said company a deed of general warranty, except as to taxes, general and special.…