State ex rel. Phillips v. Green
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Eon. Henry G. Riley, Judge. (1) It is admitted by defendants that recorder Green negligently permitted and allowed Jackson to enter on the margin of the record satisfaction of the Rice deed of trust without requiring the said Jackson1 to produce the notes secured thereby or to otherwise account for said notes in the manner required by law.
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Appeal from Pemiscot Circuit Court. — Eon. Henry G. Riley, Judge. (1) It is admitted by defendants that recorder Green negligently permitted and allowed Jackson to enter on the margin of the record satisfaction of the Rice deed of trust without requiring the said Jackson1 to produce the notes secured thereby or to otherwise account for said notes in the manner required by law. This was a violation of a statutory duty on the part of: defendant Green; and a breach of the conditions of his official bond. R. S. 1899, sec. 4358. (2) The failure of defendant Green to require Jackson to produce the:…
1Opinion of the CourtNortoni, J.
The suit is on the official bond of the defendant, who was at the time of the breach com- . plained of, circuit clerk and ex-officio recorder of deeds for Pemiscot county. The breach declared upon is that the defendant, as recorder of deeds,-permitted one Jackson to enter on the margin of the record, satisfaction of a deed of trust on certain lands which plaintiff had recently purchased, without presentation of the notes therein secured for cancellation or accounting for their absence by proper affidavit, Avhereby it was made to appear to plaintiff that such indebtedness and the lien of *83the…
2Cases cited6 opinions
- Lore v. American Manufacturing Co.Supreme Court of Missouri · 1901
- Raley v. WilliamsSupreme Court of Missouri · 1880
- St. Joseph Fire & Marine Insurance v. LelandSupreme Court of Missouri · 1886
- Colliott v. American Manufacturing Co.Missouri Court of Appeals · 1897
- Serrano v. Miller & Teasdale Commission Co.Missouri Court of Appeals · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State ex rel. Hayes v. HailerMissouri Court of Appeals · 1918