Rosenheim v. Hartsock
Decision Date | 20 December 1886 |
Citation | 90 Mo. 357,2 S.W. 473 |
Parties | ROSENHEIM and others v. HARTSOCK. |
Court | Missouri Supreme Court |
H. Lander, for respondents, Rosenheim and others. W. H. Brownlee, for appellant, Hartsock.
Ejectment for S. ½ N. W. ¼ section 1, township 57, range 19, Linn county. Pleading in usual form. Both parties claim title under Julia McQuarters, a married woman. The case was tried on this agreed statement of facts:
That Mrs. McQuarters obtained credit with plaintiffs, merchants in St. Louis, for a stock of goods. That when the debt became due, and was unpaid, plaintiff filed and recorded the equitable statutory notice in the recorder's office in Linn county, as follows:
— That afterwards plaintiffs instituted suit in said court against Julia McQuarters and her husband to charge said land with said debt, and thereafter, on the fifth day of December, 1873, obtained a decree against the defendants therein, as follows:
After filing said notice, and before the final decree, the defendant Hartsock took from said Julia McQuarters and her husband a deed of trust on said land to secure money borrowed at that time; and, after the said decree, the said defendant herein sold the land under his deed of trust, and purchased the same, received a proper conveyance therefor, and took possession of the land. He was not a party to the suit to charge the land with the debt of Mrs. McQuarters.
The cause was submitted to the court. The plaintiffs, to sustain the issues on their part, introduced in evidence the record of the equity suit and the decree therein, the notice recorded aforesaid, and a sheriff's deed under the decree to plaintiffs. Defendants objected to reading the decree in evidence, for the reason that the same is a general judgment against a married woman, and insufficient to charge the land with the debt, which objection the court overruled, and allowed said decree to be read in evidence, to which ruling of the court, in so overruling defendants' objection to said decree, and allowing the same to be read in evidence, defendants at the time excepted. Here plaintiff rested.
Defendant, to sustain the issues on his part, introduced the deed of trust of Julia McQuarters and her husband, and the trustee's deed to defendant, to the reading of which plaintiff objected, for the reason that the evidence so offered was insufficient to defeat plaintiff's title to said land, which objection the court sustained, and excluded said evidence, — to which ruling of the court, in excluding said deeds, the defendant at the time excepted. The court then found the issues for the plaintiff, and rendered final judgment for the recovery of said land against the defendant.
1. The statute in regard to "equitable liens" provides: "In any civil action,
based on any equitable right, claim, or lien, affecting, or designed to affect, real estate, the plaintiff shall file for record with the recorder of deeds of the...
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