Missouri, Supreme Court, Williams v Evans's administrator, October, 1866 [printed].
- Published
- Missouri : Supreme Court, 1866.
- Physical Description
- 1 online resource
- Additional Creators
- Adam Matthew Digital (Firm) and Missouri State Archives
Access Online
- Series
- Summary
- Action on debt relating to promissory notes, this appeal relates to an earlier case heard by the Supreme Court, Dover v Kennerly et al, October 1866. In 1858, Jerome B. Dover gave several negotiable promissory notes to John O'Fallon, secured by a deed of trust on a 160 acre parcel of land. As the notes came due, Dover paid them in money, or as he claimed, in merchandise from his store. O'Fallon transferred some of the notes to Thomas Kennerly and when they came due, the land held in trust was sold at auction. John O'Fallon placed the highest bid but later was unable to pay the amount bid, so the land was again advertised and sold at auction. Thomas Kennerly bought the land then later conveyed the land to John O'Fallon. Dover charged that Kennerly and O'Fallon had conspired to obtain his land at auction and asked the Circuit Court to set aside the trustee's deed to Kennerly. The Circuit Court ruled in favor of Dover, which was affirmed by the Second District Court. On appeal to the Supreme Court, the decision was reversed and the bill dismissed on grounds that no fraud on the part of Kennerly and O'Fallon had been proven by evidence. The case went back to the Jefferson Circuit Court, but it went back to the Supreme Court a second time on a writ of error. This time the Supreme Court dismissed all the judgments of the courts below and dismissed the plaintiff's bill. There had been no fraud. The plaintiff was just unfortunate and had to contend with prevailing market conditions. The Kennerlys had done nothing wrong and it was their good fortune that they had been able to secure the sale at a lower price. Deposition by the Governor and all other evidence was strongly in favour of the Kennerlys.
- Subject(s)
- Other Subject(s)
- Reproduction Note
- Electronic reproduction. Marlborough, Wiltshire : Adam Matthew Digital, 2007. Digitized from a copy held by the Missouri State Archives.
- Location of Originals
- Missouri State Archives
- Copyright Note
- Material sourced from the Missouri State Archives
View MARC record | catkey: 41987215