72 Mo. 570 | Mo. | 1880
This is an action of ejectment for lot 41 in the town of Murphysburg, Jasper county, Missouri. The petition is in the ordinary form, and the answer was a general denial of all the allegations in the petition, and, in addition, several special defenses, among them, that plaintiff’s claim is by purchase under a deed of trust executed by the defendant and his wife, Anna Roberts; that the title was vested in said Anna at the date of the deed, and that she did not execute it as the law directs; that the note was obtained through fraud. There was a reply, consisting of a general denial of the new matter alleged in the answer. Plaintiff obtained a judgment, from which defendant has appealed.
Plaintiff purchased under the deed of trust, at a sale by the trustee, and, on his part introduced in evidence the deed of trust, dated November 19th, 1874, the trustee’s deed to him, dated July 31st, 1876, the monthly value of rents and profits, and rested. Defendant offered to prove that the said deed of trust and the note thereby secured, were executed in lieu of a note and deed of trust for the same debt, dated May 28th, 1873, and that the latter were to be delivered up and canceled, and the deed in question to be held by one Spencer, and not to be delivered to the beneficiaries, or the trustee, until the first note and deed
The court took the entire case from the jury by directing a verdict for plaintiff. We shall not notice the instructions asked in behalf of defendant and refused, having clearly indicated in the foregoing opinion to what declara