Gibbs v. Haughowout
Supreme Court of Missouri
Appeal from Christian Circuit Court. — How. Asbury Burkhead, Judge. (1) The presumption of law, independent of proof, is that an instrument purporting on its face to be a sale, is what it purports to be, and to overcome this it has been said by many authorities of undoubted repute that the evidence that a mortgage was in fact intended must be clear, satisfactory and convincing, cogent, precise and indubitable, explicit and unequivocal or at least conclusive. 20' Am. and Eng.
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Appeal from Christian Circuit Court. — How. Asbury Burkhead, Judge. (1) The presumption of law, independent of proof, is that an instrument purporting on its face to be a sale, is what it purports to be, and to overcome this it has been said by many authorities of undoubted repute that the evidence that a mortgage was in fact intended must be clear, satisfactory and convincing, cogent, precise and indubitable, explicit and unequivocal or at least conclusive. 20' Am. and Eng. Eney. Law (2 Ed.), 954; Jones v. Rush, 156 Mo. 364; Mulock v. Mu-lock, 156 Mo. 431; Viers v. Viers, 175 Mo. 453; McKee…
1Opinion of the CourtWoodson, J.
— The plaintiffs instituted this suit against the defendants in the circuit court pf Christian county,- having for its purpose the cancellation of a certain warranty deed, alleged to have been intended by the parties thereto as a mortgage, dated October 24, 1901, duly executed by plaintiffs to T. B. Haughowout, now deceased, conveying to him and his heirs the north half of the southwest quarter of section thirty-four, township twenty-six, north of range twenty-one, west of the fifth principal meridian, containing eighty acres; all in Christian county, Missouri.
There was a trial had before the…
2Cases cited4 opinions
- Courtney v. BlackwellSupreme Court of Missouri · 1899
- Blount v. SprattSupreme Court of Missouri · 1892
- State ex rel. Guinan v. JarrottSupreme Court of Missouri · 1904
- Bender v. ZimmermanSupreme Court of Missouri · 1894
3Cited by11 opinions
- Friedel v. BaileySupreme Court of Missouri · 1931
- Chicago, Burlington & Quincy Railroad v. Public Service CommissionSupreme Court of Missouri · 1915
- Vining v. Ramage.Supreme Court of Missouri · 1928
- Uhrig v. Hill-Behan Lumber Co.Supreme Court of Missouri · 1937
- Bryant v. LazarusSupreme Court of Missouri · 1911
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