Dugan v. Scott
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — How. Richard Field, Judge. Statement of the case. In 1881, one Joseph D. Sicher was the owner of a tract of land in the city of Sedalia, known as “Sicher’s Park,” on which there were at that time erected, and in existence, a certain hotel and other buildings, all constituting a part of the realty.
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Appeal from the Pettis Circuit Court. — How. Richard Field, Judge. Statement of the case. In 1881, one Joseph D. Sicher was the owner of a tract of land in the city of Sedalia, known as “Sicher’s Park,” on which there were at that time erected, and in existence, a certain hotel and other buildings, all constituting a part of the realty. On July 13, 1881, said Sicher and wife executed two deeds of trust upon the land and the buildings thereon, one securing a debt to one Henry Leyser, and the other securing a debt to one John Leyser. These deeds of trust were duly recorded the day of their date…
1Opinion of the CourtEllison, J.
This is a proceeding in the nature of a writ of error coram nobis begun in the circuit court of Pettis county. By reference to the statement in the cause, it will be seen that the party defendant, principal in interest in the cause, died after service had upon him, but before the judgment was rendered. He had made no appearance to the suit, and the fact of his death was not known to the court at the time of rendering the judgment, and nothing from which it could be ascertained appeared of record until this proceeding originated. It is from this latter fact that complaint is made by plaintiff…
2Cases cited9 opinions
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Getchell v. AllenSupreme Court of Iowa · 1872
- Phillips v. EvansSupreme Court of Missouri · 1876
- Latshaw v. McNeesSupreme Court of Missouri · 1872
- Haeussler v. ThomasMissouri Court of Appeals · 1877
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3Cited by23 opinions
- Lamb v. State of FloridaSupreme Court of Florida · 1926
- Cross v. GouldMissouri Court of Appeals · 1908
- JR Watkins Company v. HubbardMissouri Court of Appeals · 1961
- Hadley v. BerneroMissouri Court of Appeals · 1903
- McAdow v. SturtevantMissouri Court of Appeals · 1890
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