Bevin v. Powell
| Decision Date | 31 October 1884 |
| Citation | 83 Mo. 365 |
| Parties | BEVIN et al., Plaintiffs in Error, v. POWELL et al. |
| Court | Missouri Supreme Court |
1. Appellate Court: PRACTICE: REVIEW.
Appellate courts will review only matters arising upon the record proper, where no motion for a new trial, nor motion in arrest of judgment is filed.
2. Mortgagee, Sanity of: AGREEMENT.
In an equitable proceeding, it may be immaterial that a mortgagee was not sane at the date of the execution of a mortgage executed instrict pursuance of a specific written agreement entered into by the mortgagee when sane.
3. General Relief, Prayer for: WHAT MAY BE GRANTED.
Any relief appropriate to the facts alleged and proved may be granted under a prayer for general relief, whether asked for in an answer setting up affirmative matter, or in the petition,
4. Equity: FINDING OF JURY.
The findings of a jury, upon special issues submitted to it in chancery, are not conclusive upon the chancellor nor upon the appellate court. a1
Appeal from St. Louis Court of Appeals.
AFFIRMED.
Broadhead & Haeussler and C. V. Scott for plaintiffs in error.
Henderson & Shields for defendants in error.
The opinion delivered by the court of appeals in this case, 11 Mo. App. 216, contains a very full and fair statement of the facts, and we adopt that statement and concur in the result reached by that court, and affirm the judgment.
a1. These syllabi are taken from 11 Mo. App. 216.
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Rains v. Moulder, 32628.
...Anderson, 38 Mo. 55, 58], and the decisions of this State have been liberal in allowing such relief [Bevin v. Powell, 11 Mo. App. 216, 223, 83 Mo. 365]. Equity, having acquired jurisdiction, will retain it under a prayer for general relief to administer full and complete justice, within the......
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Rains v. Moulder
...Anderson, 38 Mo. 55, 58], and the decisions of this State have been liberal in allowing such relief [Bevin v. Powell, 11 Mo.App. 216, 223, 83 Mo. 365]. Equity, having acquired jurisdiction, will retain it under prayer for general relief to administer full and complete justice, within the sc......
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Walter v. Scofield
...v. State, 13 Mo. 444; Howell v. Pitman, 5 Mo. 246; Warner v. Morin, 13 Mo. 455; St. Louis v. Brooks, 107 Mo. 380, 18 S.W. 22; Bevin v. Powell, 83 Mo. 365; State ex rel. v. Hitchcock, 86 Mo. 231; Baker Railroad, 107 Mo. 230, 17 S.W. 816; State ex rel. v. Burckhartt, 83 Mo. 430; Donaldson v. ......
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Taylor v. Von Schroeder
... ... Third. And the effect of such a reversal is to leave the ... parties just as they were before the judgment was rendered ... Gott v. Powell, 41 Mo. 417; Jones v. Hart, ... 60 Mo. 364; Brown v. Troup, 33 Miss. 35; Freeman on ... Judgments, 482. Fourth. And the time during which such ... approved may be granted under a prayer for general relief ... Pomeroy v. Benton, 57 Mo. 550; Snider v ... Coleman, 72 Mo. 568; Bevin v. Powell, 83 Mo ... 365. (10) A claim that a contract is fraudulent as to ... creditors must come from the latter and not from parties to ... ...