Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 283

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 283

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...defendant, the Cameron Trust Company, a corporation.... Wherefore, plaintifis pray that said deed and deed of trust be Allison v. Cemetery Co. cancelled and adjudged null and void by the court, and the record title thereto be divested from defendants and vested in plaintiffs as it was prior to the record of said deeds, and for such other decrees and judgments as to the court may seem just and proper." The defendant Cameron Trust Company, in its separate answer, has set out all the facts relating to the sale of said property to the Cemetery Ca.retaking Company, and those relating to the execution and delivery of the deed of trust to it by said Cemetery Caretaking Com-' pany. After setting out various other matters, it pray _ed the court to decree the title to said property in it, as trustee aforesaid, and to decree that the indebtness described in said deed of trust is a first lien on the real estate aforesaid, and asked for such other relief as to the court may seem just and equitable. As this is a proceeding in equity, and as the answer aforesaid contains all the facts which could have been set up in the petition relating to said deed of trust, under the doctrine of express aider we will dispose of the case as though the petition contained the necessary facts calling in question the validity of said deed of trust. Tucker v. Wadlow, 184 S. W. (Mo.) 1. c. 70; Donaldson v. Butler Co., 98 Mo. 1. c. 166-7, 11 S. W. 572; Hughes v. Carson, 90 Mo. 629-30. It stands admitted in the record that the land conveyed by Finch to Smith and others in 1873 was laid off into lots and platted as a cemetery, before any conveyance was made to.the Cemetery Caretaking Company in 1913. The answer of defendant Cameron Trust Company, after setting out more

Product details

  • Paperback
  • 189 x 246 x 16mm | 540g
  • United States
  • English
  • black & white illustrations
  • 123679379X
  • 9781236793799