Thornton v. Pigg
Supreme Court of Missouri
•Appeal from Henry Circuit Court. The petition alleged the execution of a mortgage of certain premises by the defendant Pigg and wife, to secure a promissory note executed by said Pigg and others to one Brehm ; that Brehm dying, his administrator obtained a judgment on said note against Pigg and the other makers thereof for $1646; that said administrator assigned said judgment to the plaintiff in the present action ; that Pigg paid upon said judgment the sum of $848 90, for…
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•Appeal from Henry Circuit Court. The petition alleged the execution of a mortgage of certain premises by the defendant Pigg and wife, to secure a promissory note executed by said Pigg and others to one Brehm ; that Brehm dying, his administrator obtained a judgment on said note against Pigg and the other makers thereof for $1646; that said administrator assigned said judgment to the plaintiff in the present action ; that Pigg paid upon said judgment the sum of $848 90, for which he is entitled to a credit; that the remainder of said judgment remains unpaid ; that said administrator assigned…
1Opinion of the CourtScott, Judge
It is an irregular practice to move in arrest of judgment for defects in a petition, after a demurrer to the petition has been overruled.
We can see no weight whatever in the objections made against the regularity of this proceeding. It has always been the law that the mortgagee has three remedies against the mortgagor. He may file his bill to foreclose, bring an action at law for the recovery of the mortgage debt, and, after forfeiture, an action of ejectment for the recovery of the possession of the mortgaged premises. These remedies are concurrent. (Hilliard on Mort. ch. 31.) Moreover, it…
2Cases cited1 opinion
- Riddick v. WalshSupreme Court of Missouri · 1852
3Cited by13 opinions
- Whiteman v. TaberSupreme Court of Alabama · 1919
- Long v. LongSupreme Court of Missouri · 1897
- Allen v. DermottSupreme Court of Missouri · 1883
- Funk v. SeehornMissouri Court of Appeals · 1903
- Shackelford's Administrator v. ClarkSupreme Court of Missouri · 1883
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