Central National Bank v. Doran
Supreme Court of Missouri
Appeal from the Cooper Circuit Court. — Hon. E. L. Edwabds, Judg6 (1) The deed of trust was valid as to Doran and his creditors, when it was given, and, unless the respondent has been injured by withholding it from the record, it cannot successfully attack its validity. The withholding the deed of trust from the record, and keeping its existence a secret, are not in themselves wrong.
Read the full summary
Appeal from the Cooper Circuit Court. — Hon. E. L. Edwabds, Judg6 (1) The deed of trust was valid as to Doran and his creditors, when it was given, and, unless the respondent has been injured by withholding it from the record, it cannot successfully attack its validity. The withholding the deed of trust from the record, and keeping its existence a secret, are not in themselves wrong. “It is only when they become a part of a policy whose design is evil that such measures fall under the censure •of the law.” Walsh v. Chambers, 13 Mo. App. 301; Berry v. Ins. Co.,- 2 Johns. 606; Story’s Equity…
1Opinion of the CourtSherwood, C. J.
The plaintiff, a judgment creditor of defendant Doran, instituted this proceeding ifi *44■equity to postpone to the lien of plaintiff’s judgment the lien of a certain deed of trust on land lying in Cooper county, executed by Doran to the defendant Bartle, and to declare such d.eed fraudulent. On hearing the evidence the court below entered a decree, as prayed by plaintiff, making the lien of the latter prior to that of the deed of trust.
Summarized, the facts upon which the decree is based are these: Doran, in the year 1885, and long prior thereto, had been a large live-stock dealer, and the…
2Cases cited8 opinions
- Noble v. BlountSupreme Court of Missouri · 1883
- Hilliard v. CagleMississippi Supreme Court · 1872
- Newham v. KentonSupreme Court of Missouri · 1883
- Reed v. BottSupreme Court of Missouri · 1889
- Sukeforth v. LordCalifornia Supreme Court · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State Bank v. FrameSupreme Court of Missouri · 1892
- Grafeman Dairy Co. v. Northwestern BankSupreme Court of Missouri · 1921
- Clayton v. Exchange BankCourt of Appeals for the Fifth Circuit · 1903
- Turner v. EdmonstonSupreme Court of Missouri · 1908
- First National Bank v. RohrerSupreme Court of Missouri · 1897
22 more not listed; retrieve them via the Exa API.