Hardwicke v. Barnes

• Decision Date: 06 December 1913
• Citation: 161 S.W. 744,253 Mo. 6
• Parties: HARDWICKE v. BARNES.
• Court: Missouri Supreme Court

161 S.W. 744

253 Mo. 6

HARDWICKE v. BARNES.

Supreme Court of Missouri, Division No. 1.

December 6, 1913.

COURTS (§ 231)—SUPREME COURT—JURISDICTION —TITLE INVOLVED.

Where, in a suit to have a deed of trust declared satisfied and the lien thereof removed as a cloud upon title, the only question involved was whether the deed of trust was satisfied by an alleged extension of time of payment without the consent of the sureties, the Supreme Court had no jurisdiction of an appeal transferred from the Kansas City Court of Appeals; title not being involved in the question to be determined.

Appeal from Circuit Court, Platte County; Alonzo D. Burnes, Judge.

Suit by Claude Hardwicke against Richard S. Barnes. From judgment for plaintiff, defendant appealed to the Kansas City Court of Appeals, and the cause was transferred to the Supreme Court. Retransferred to the Kansas City Court of Appeals.

This suit was instituted by the plaintiff in the circuit court of Clay county against the defendant, to have a certain deed of trust declared satisfied and that the pretended lien thereof be removed as a cloud upon the title to a certain tract of land therein described. A change of venue was taken, and the cause was sent to the circuit court of Platte county, where a trial was had which resulted in a judgment in favor of the plaintiff, canceling the deed; and the defendant duly appealed the cause to the Kansas City Court of Appeals. The latter court, I take it, of its own motion, transferred the cause to this court for the reason assigned that title of real estate was involved therein, which deprived it of jurisdiction.

The facts of the case are few and undisputed. On and prior to December 17, 1889, Henry P. Lindenman was the owner of the tract of land mentioned; and on that date the Thornton Distilling & Milling Company, a corporation, of which Lindenman was the treasurer, was indebted to the defendant, Richard S. Barnes, in the sum of $7,000, evidenced by a promissory note due 18 months after date, bearing 8 per cent. interest, which was signed by said distilling company, by Henry P. Lindenman, treasurer, and others. On said 17th day of December, in order to secure the payment of said note, Lindenman executed to defendant a deed conveying to him said real estate, which provided upon its face that upon the payment of said note the defendant was to reconvey said land to said Lindenman. The deed was duly filed for record on August 3, 1891. That also on said 17th day of December the distilling company, to further secure the payment of said note, executed to S. G. Sandusky, trustee, a deed of trust in which defendant was named as beneficiary, conveying to him certain other lands which belonged to said company, but not involved in this suit. On January 28, 1891, Lindenman...