70 Mo. 421 | Mo. | 1879
This was a proceeding in equity, by which McFadden sought to correct certain deeds executed by defendants, and to divest Wm. Rogers- of the title to the tract of land hereinafter described. The petition alleged that on the 3rd day of June, 1869, the defendant, Wm. Rogers, sold to his co-defendant, his daughter Rachel Worley, the south half of lot 2, of the northwest quarter of section 20, township 40 range 33, in Bates county, but by mistake in the deed he executed, the land was described as the southwest quarter of the northwest quarter of said
The evidence clearly establishes the following facts: that in making the conveyance to Rachel Worley, Rogers and wife intended to convey the south half of lot 2 above described, but by mistake conveyed the other tract; that the mortgage was executed as alleged, and was intended to convey said south half of lot 2; that McFadden purchased the land under a decree obtained in a suit for a foreclosure of the mortgage, instituted by him after the note was' assigned to him by Mrs. Rineberger; that in 1873 Rogers executed the deed of trust to Cowles, as alleged in the answer, and that Henry purchased it at a sale