Baker v. Halligan

• Decision Date: 30 April 1882
• Citation: 75 Mo. 435
• Parties: BAKER v. HALLIGAN, Appellant.
• Court: Missouri Supreme Court

75 Mo. 435

BAKER

v.HALLIGAN, Appellant.

Supreme Court of Missouri.

April Term, 1882.

Appeal from Phelps Circuit Court.--HON. V. B. HILL, Judge.

AFFIRMED.

Crews & Booth for appellant.

L. F. Parker for respondent.

HOUGH, J.

This is a suit brought by plaintiff to set aside a sale of his land under a certain trust deed. On the 1st day of June, 1872, one S. M. Davidson borrowed of S. M. Jones $1,547.24, for which he executed his promissory note, payable one day after date, with interest at ten per cent per annum, and secured the same by a deed of trust to the defendant Halligan, on the following lands in Phelps county, Missouri: Southeast quarter and southwest quarter and the northwest quarter of section 16, except ten acres off said northwest quarter, and southeast quarter of the southwest quarter and south half of the southeast quarter section 9, all in township 39, range 6 west. At the time of the execution of this deed of trust, it was verbally understood and agreed between Jones and Davidson, that Davidson might sell any of the lands conveyed by said deed, and upon payment to said Jones of the purchase money arising from such sales, Jones would release the lands sold. Soon thereafter Davidson sold the land in section 9 to one Patton, and paid to Jones Patton's cash payment to him of $465, and Jones thereupon executed a deed of release of said land, and Davidson, with the consent of Jones, received Patton's note for the balance of the purchase money, amounting to something less than $200, which Davidson collected, and paid part thereof to Jones; how much does not definitely appear. On the 28th day of July, 1873, Davidson sold and conveyed to plaintiff the northwest quarter of section 16, aforesaid, except ten acres in the northwest corner thereof, for $1,050, of which sum plaintiff paid $600 in cash, and for the balance, $450, gave his note payable in eighteen months, with eight per cent interest. Of the cash payment, $565 was paid by Davidson to Jones and by him credited on Davidson's note. On the 21st day of April, 1874, Davidson transferred to Jones Baker's note for $450. Davidson, Jones and one other witness testified that Jones purchased this note, but two other witnesses testified that Jones stated in their presence that it was received by him from Davidson in part payment of his note to him, Jones; and it appears from the decree that was rendered that the circuit court so found. On the evidence preserved in the bill of exceptions, we accept this...