Crawford v. Greenleaf
Missouri Court of Appeals
Appeal from the Clark Circuit Court. — Hon. Ben. E. Teener, Judge. (1) The mortgage introduced in evidence known as the Mack mortgage was and is fraudulent and void as a matter of fact under the evidénce. First. It is not fraudulent and void as a matter of law. Hughes v. Cory, 20 Iowa, 399 ; Clark v. Hyman, 55 Iowa, 14; Hew v. Sailors, 114 Ind. 407; Boundy v. Converse, 71 Wis. 524. Second.
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Appeal from the Clark Circuit Court. — Hon. Ben. E. Teener, Judge. (1) The mortgage introduced in evidence known as the Mack mortgage was and is fraudulent and void as a matter of fact under the evidénce. First. It is not fraudulent and void as a matter of law. Hughes v. Cory, 20 Iowa, 399 ; Clark v. Hyman, 55 Iowa, 14; Hew v. Sailors, 114 Ind. 407; Boundy v. Converse, 71 Wis. 524. Second. Defendant assumed the payment of the Mack mortgage as a part of the consideration and purchase price of the drug stock, and plaintiff became his surety and, hence, his creditor. Jones on Chat. Mort. [2 Ed.…
1Opinion of the CourtThompson, J.
This is an appeal by the plaintiffs from an adverse judgment on a plea in abatement in a suit by attachment. The respondent has made a motion to dismiss the appeal, because no appeal bond has been given as required by the governing statute. R. S., sec. 562. We must consider this motion at the outset, because it concerns our own jurisdiction; since if an appeal has not been taken as prescribed by the governing statute, this court has no jurisdiction to proceed to an examination of the merits of the trial on the plea in abatement. The statute is as follows: “The plaintiffs, against whom such…
2Cases cited2 opinions
- Green v. CastelloMissouri Court of Appeals · 1889
- Frankenthal v. GoldsteinMissouri Court of Appeals · 1891
3Cited by1 opinion
- Scudder & Co. v. MorrisMissouri Court of Appeals · 1904