Goodfellow v. Stillwell

• Decision Date: 31 October 1880
• Citation: 73 Mo. 17
• Parties: GOODFELLOW v. STILLWELL et al., Appellants.
• Court: Missouri Supreme Court

73 Mo. 17

GOODFELLOW

v.STILLWELL et al., Appellants.

Supreme Court of Missouri.

October Term, 1880.

Appeal from Moberly Court of Common Pleas.--HON. G. H. BURCKHARTT, Judge.

REVERSED.

Chas. A. Winslow for appellants.

Stillwell occupies the same relations to the security that he does to the note, of which the record shows he is a bona fide purchaser, and his rights thereto can only be affected in the same way. Logan v. Smith, 62 Mo. 455; Updegraft v. Edwards, 45 Iowa 513; Mechanics Bldg. Asso. v. Ferguson, 29 La. Ann. 548; Duncan v. Louisville, 13 Bush (Ky.) 378; s. c., 26 Am. 201.

HENRY, J.

The plaintiffs' suit was to enjoin the defendants from selling certain parcels of land lying in Randolph county, and the petition stated substantially, that on the 8th day of May, 1872, Hunt & Godfrey conveyed to Henry M. Porter a tract of ninety-five acres of land adjoining the town of Moberly, and out-lots No. 56, 78, 11, 12, 13, 15 and 16, for the consideration of $19,150, one-third of which was then paid, and for the balance Porter executed two promissory notes, each for $6,383--one payable the 8th day of May, 1873, and the other the 8th day of May, 1874, and to secure their payment, executed a deed of trust conveying said land and lots to W. F. Barrows, trustee, and containing in addition to the usual stipulations, one constituting said Barrows the agent of Hunt & Godfrey to receive any payments of money on said notes, and to release from said deed of trust any portion of the land or lots which Porter might sell, at a price to be named by said Barrows, the latter receiving the purchase money, or notes for the same secured by deed of trust on the property so sold. June 19th, 1872, Porter sold the ninety-five acre tract to Wisdom & Rothwell, for $19,000--$6,000 of which was then paid to Barrows, and, for the balance they executed two promissory notes for $6,500 each, one falling due June 19th, 1873, the other June 19th, 1874. In July, 1872, Porter sold the out-lots to W. J. Hallock for $18,000, except out-lot No. 15, of which $6,000 was paid to Barrows, and for the balance Hallock executed two promissory notes for $6,000 each, one payable 28th day of March, 1873, and the other 28th day of December, 1873, which were placed in the hands of Barrows, who then released said out-lots, except 15, from the deed of trust executed by Porter to him. He had also released the ninety-five acre tract. Out-lot No. 15 had been subdivided, and the plaintiffs by purchase from Porter,...