Beland v. Anheuser Brewing Ass'n

Missouri Court of Appeals

Beland v. Anheuser Brewing Ass'n

71 Mo. App. 567, 1897 Mo. App. LEXIS 507

DecidedApril 20, 1897

StatusPublished

This text of 71 Mo. App. 567 (Beland v. Anheuser Brewing Ass'n) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beland v. Anheuser Brewing Ass'n, 71 Mo. App. 567, 1897 Mo. App. LEXIS 507 (Mo. Ct. App. 1897).

Pincite

Opinion

Bland, P. J.

The first count in plaintiffs’ petition is in equity, and prays for the cancellation of a promissory note, and for satisfaction of a trust deed upon real estate given to secure the note. The second count is at law for recovery of money paid upon the note before the discovery of the facts, which make the note invalid for want of consideration. The title to real estate is involved, hence this court is without jurisdiction to hear the appeal, and the cause is transferred to the supreme court for decision. It is so ordered.

All concur.

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Bland, P. J.

The first count in plaintiffs’ petition is in equity, and prays for the cancellation of a promissory note, and for satisfaction of a trust deed upon real estate given to secure the note. The second count is at law for recovery of money paid upon the note before the discovery of the facts, which make the note invalid for want of consideration. The title to real estate is involved, hence this court is without jurisdiction to hear the appeal, and the cause is transferred to the supreme court for decision. It is so ordered.

All concur.

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Bluebook (online)

71 Mo. App. 567, 1897 Mo. App. LEXIS 507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beland-v-anheuser-brewing-assn-moctapp-1897.