Henson v. Perry County Savings & Loan Ass'n, No. 19939.

CourtCourt of Appeal of Missouri (US)
Writing for the CourtBecker
Citation300 S.W. 1037
Docket NumberNo. 19939.
Decision Date10 January 1928
PartiesHENSON et ux. v. PERRY COUNTY SAVINGS & LOAN ASS'N.
300 S.W. 1037
HENSON et ux.
v.
PERRY COUNTY SAVINGS & LOAN ASS'N.
No. 19939.
St. Louis Court of Appeals, Missouri.
January 10, 1928.
Rehearing Denied January 24, 1928.

[300 S.W. 1038]

Appeal from Circuit Court, Perry County; Peter H. Huck, Judge.

"Not to be officially published."

Suit by Tolbert Henson and wife against the Perry County Savings & Loan Association. Judgment for plaintiffs, and defendant appeals. Affirmed.

Robb & Robb and Samuel Bond, all of Perryville, for appellant.

P. B. Hood and Charles A. Killian, both of Perryville, for respondents.

BECKER, J.


Tolbert Henson and his wife, plaintiffs below, obtained a decree canceling a note secured by deed of trust on property owned by them, said note and deed of trust having been executed in the name of and delivered to the defendant association and duly recorded by it. The ground for such cancellation was that:

"Plaintiffs had received no value of any kind or amount from said note and deed of trust."

The defendant association appeals.

The chief assignment of error is that the finding of facts set forth in the judgment in many particulars are based upon mere assumptions and not founded on any evidence in the case.

This being an equitable proceeding, we necessarily review the entire record disregarding any admitted testimony which, in our view, is incompetent, and rendering such judgment as in equity and good conscience the pleadings and evidence may authorize. Canty v. Halpin, 294 Mo. 118, 242 S. W. 97; Jacks v. Link et al., 291 Mo. 282, 236 S. W. 10; Brightwell v. McAfee, 249 Mo. 562, 155 S. W. 820; Bryant v. Shinnabarger, 285 Mo. 484, 227 S. W. 54; McCormick v. Parsons, 195 Mo. loc. cit. 100, 92 S. W. 1162.

We have gone over the record carefully and upon the material and competent evidence in the case have come to the conclusion that, though in several particulars the finding of facts is not warranted, yet all necessary and essential facts prerequisite to the judgment rendered below are abundantly sustained by the evidence.

The record discloses a conflict of testimony on several points. A careful analysis of all of the evidence has brought us to the conclusion that the chancellor below, who had the advantage of seeing and hearing the witnesses, should be sustained in his finding of facts on the points in which the testimony adduced on behalf of the plaintiffs and that of the defendant is in direct conflict.

The uncontroverted facts are these: E. P. Kiesler was the secretary and treasurer of the Perry County Savings & Loan Association, and at the time in question was also cashier and managing officer of the Perry County Bank. Plaintiffs made application to the Savings & Loan Association for a loan of $1,300, which application was approved by its board of directors, and its secretary, Kiesler, authorized to complete the transaction, taking plaintiffs' note secured by deed of trust. On October 1, 1925,...

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5 practice notes
  • Moller-Vandenboom Lbr. Co. v. Boudreau, No. 23062.
    • United States
    • Court of Appeal of Missouri (US)
    • July 16, 1935
    ...evidence, and make its own findings. Pitts v. Pitts, 100 S.W. 1047, 201 Mo. 356, (q) 359; Henson v. Perry County Sav. & Loan Assn., 300 S.W. 1037, (q) 1038 (cited and quoted with approval in Huggins v. Hill (Mo.), 236 S.W. 1051, l.c. 1052). (2) The issues under the pleadings, being plai......
  • Adams v. Moberg, No. 40198.
    • United States
    • United States State Supreme Court of Missouri
    • November 10, 1947
    ...pleadings and evidence, reviewing the entire record and disregarding incompetent evidence. Henson v. Perry County Savs. & L. Assn., 300 S.W. 1037. (2) On appeals in equity, rulings on the evidence are not passed on when it is all in the record, for only what is competent is considered. ......
  • Powell v. City of Joplin, No. 32636.
    • United States
    • United States State Supreme Court of Missouri
    • June 19, 1934
    ...and render such judgment as in equity and good judgment the pleadings and evidence may authorize. Henson v. Savings & Loan Assn., 300 S.W. 1037; Canty v. Halpin, 244 Mo. 118, 242 S.W. 97. (2) This cause is properly before the Supreme Court because the construction of the Constitution of......
  • Blackwell v. De Arment's Estate, No. 20072.
    • United States
    • Court of Appeal of Missouri (US)
    • January 10, 1928
    ...that if plaintiff remained with them until she was 21 years old and did the work around the house she would receive as compensation 300 S.W. 1037 one-half of whatever they left, and that such was their understanding with Another witness, Dora Spiller, testified that she, in 1910, heard Mrs.......
  • Request a trial to view additional results
5 cases
  • Moller-Vandenboom Lbr. Co. v. Boudreau, No. 23062.
    • United States
    • Court of Appeal of Missouri (US)
    • July 16, 1935
    ...evidence, and make its own findings. Pitts v. Pitts, 100 S.W. 1047, 201 Mo. 356, (q) 359; Henson v. Perry County Sav. & Loan Assn., 300 S.W. 1037, (q) 1038 (cited and quoted with approval in Huggins v. Hill (Mo.), 236 S.W. 1051, l.c. 1052). (2) The issues under the pleadings, being plai......
  • Adams v. Moberg, No. 40198.
    • United States
    • United States State Supreme Court of Missouri
    • November 10, 1947
    ...pleadings and evidence, reviewing the entire record and disregarding incompetent evidence. Henson v. Perry County Savs. & L. Assn., 300 S.W. 1037. (2) On appeals in equity, rulings on the evidence are not passed on when it is all in the record, for only what is competent is considered. ......
  • Powell v. City of Joplin, No. 32636.
    • United States
    • United States State Supreme Court of Missouri
    • June 19, 1934
    ...and render such judgment as in equity and good judgment the pleadings and evidence may authorize. Henson v. Savings & Loan Assn., 300 S.W. 1037; Canty v. Halpin, 244 Mo. 118, 242 S.W. 97. (2) This cause is properly before the Supreme Court because the construction of the Constitution of......
  • Blackwell v. De Arment's Estate, No. 20072.
    • United States
    • Court of Appeal of Missouri (US)
    • January 10, 1928
    ...that if plaintiff remained with them until she was 21 years old and did the work around the house she would receive as compensation 300 S.W. 1037 one-half of whatever they left, and that such was their understanding with Another witness, Dora Spiller, testified that she, in 1910, heard Mrs.......
  • Request a trial to view additional results

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