81 Mo. 445 | Mo. | 1884
Archibald S. Robards and his wife owed Jacob E. Grove $1,120, evidenced by note; to secure the same they made a deed to Jas. Thompson, as trustee, July 21st, 1860. April 30th, 1861, the trustee, Thompson, released the deed to A. S. Robards. To set aside this release Jacob E. Grove in September 1864, filed his bill in the Hannibal court of common pleas, alleging substantially that Archibald S., and John L. Robards fraudulently represented to Thompson, the trustee, that the debt had been paid off', and thereby induced him to execute a release and place it on record, which was done April 30th, 1861. That the deed of trust so released, was on lot 7, in block 40, in Hannibal. That Robards paid about $200 on the note and the balance was still due. That Robards died. That afterward, at the request of plaintiff', the trustee, Thompson, advertised under the deed, and at the sale the plaintiff, Grove, became the purchaser for $900 and received a deed from the trustee. This suit was against A. S. Robards, ad
This bill was dismissed, the case appealed to this court, (Grove v. Heirs of Robards, 36 Mo. 523) the judgment below reversed and the venue was then changed to the circuit court of St. Louis. Meanwhile the plaintiff, the widow of Robards, the original administrator of the plaintiff and the trustee had all died; the suit abated as to the widow and trustee, and when the case came on for hearing in November, 1877, there was default as to all the other defendants except John L. Robards, one of the sons of Archibald Robards, deceased, whose answer alleged that when the deed of release was made, the note for $1,120 had been paid off by a new note made by Robards to Grove for $1,250, in lieu of the old one, dated March, 1861, which was secured by a deed of trust on other property with H. IT. Wardlow as trustee, which was accepted by Grove in payment of the first, and that the first deed of trust was satisfied and released by Thompson, the trustee, at Grove’s request. That thereupon Grove refused to relinquish the old note; that Grove fraudulently induced Thompson, the trustee, to sell under the first deed when he knew the debt was paid off. That he fraudulently persuaded Wardlow, the trustee in the second deed, to sell and became the purchaser thereunder October 12th, 1863, for $425. That Grove, during his lifetime, and his executor after his death, had collected rents from the premises in the second deed of trust, and which were more than sufficient to pay the balance of said note. That A. S. Robards died insolvent, and died leaving various judgments against his estate amounting to nearly $7,000. That these were proved up against his estate in the probate court, and in 1867 assigned to defendant for valúe; that the sale to Grove was fraudulent; that the deed of release of Thompson was a cloud on the title which
After a careful examination of tbe facts and tbe law, and the opinion of tbe court of appeals, we fully concur in tbe conclusions arrived at in tbat opinion, and deem it wholly unnecessary to pursue tbe case further. Ve therefore affirm tbe judgment of tbe court of appeals.