Legal Opinion

Heffernan v. Weir

Missouri Court of Appeals

Decided March 3, 1903PublishedCited by 3 opinions

Appeal from Greene Circuit Court. — Hon. G. W. Watson, Special Judge. (1) The conveyance by deed of the eighty acres of land promised John R. Marsh the grantor in the deed, and A. W. Ollis, agent for John D. Robinson, to pay the note owned by said Robinson, and secured by deed of trust on the land. For this reason the plaintiff, the assignee of said note, as also the assignee of said obligation can maintain this suit in equity.

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Appeal from Greene Circuit Court. — Hon. G. W. Watson, Special Judge. (1) The conveyance by deed of the eighty acres of land promised John R. Marsh the grantor in the deed, and A. W. Ollis, agent for John D. Robinson, to pay the note owned by said Robinson, and secured by deed of trust on the land. For this reason the plaintiff, the assignee of said note, as also the assignee of said obligation can maintain this suit in equity. Crone v. Stinde, 156 Mo. 262 (overruling Hicks v. Hamilton, 144 Mo. 495); Ellis v. Harrison, 104 Mo. 270. (2) The testimony of witnesses Marsh, Ollis and Musgrave, was…

1Opinion of the CourtRetburn, J.

Prom the meager record, this appears to be an action to charge defendant upon a contract of assumption of the balance unpaid on a bond executed by John R. Marsh, originally secured by a deed of trust upon realty in Creene county, under the provisions of which enforcing the right of sale, the mortgage indebtedness has been partially paid. The appellant, in lieu of a perfect transcript of the record and proceedings in the 'cause, has presented a certified copy of the record entry of the judgment appealed from, and the other proceedings constituting the abbreviated record authorized by section…

2Cases cited5 opinions

  1. Bensieck v. CookSupreme Court of Missouri · 1892
  2. Ordway v. DowneyWashington Supreme Court · 1898
  3. Hall v. HarrisSupreme Court of Missouri · 1898
  4. Roberts v. BartlettMissouri Court of Appeals · 1887
  5. Barnes v. BuzzardMissouri Court of Appeals · 1895

3Cited by3 opinions

  1. McFarland v. MelsonSupreme Court of Missouri · 1929
  2. Jegglin v. OrrMissouri Court of Appeals · 1930
  3. Nelson v. HallMissouri Court of Appeals · 1904

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