Turk v. Funk
Supreme Court of Missouri
Appeal from Jasper Court of Common Pleas. — This ease was tried before B. F. Garrison, Esq., Temporary Judge. Suit to foreclose a mortgage given by defendant, Funk, to secure an unpaid balance of purchase money due plaintiff. Defendant Meyers, held another mortgage on the same land which he claimed was entitled to priority. The facts are fully stated in the opinion. 1. A deed and purcliase-money mortgage given at the same time must be construed together as one contract.
Read the full summary
Appeal from Jasper Court of Common Pleas. — This ease was tried before B. F. Garrison, Esq., Temporary Judge. Suit to foreclose a mortgage given by defendant, Funk, to secure an unpaid balance of purchase money due plaintiff. Defendant Meyers, held another mortgage on the same land which he claimed was entitled to priority. The facts are fully stated in the opinion. 1. A deed and purcliase-money mortgage given at the same time must be construed together as one contract. Myers took the interest conveyed to him by Eunk, subject to any prior equity attached to the premises conveyed. Even though…
1Opinion of the CourtNapton, J.
— The only question m this case is that of priority between two mortgages recorded on the same day, *20one executed by the vendee of a tract of land to the vendor to secure the payment of part of the purchase money, and the other made by the vendee to the person from whom he borrowed that part of the purchase money required to be paid on the consummation of the trade.
The undisputed facts in this case are very simple. Turk, the plaintiff, agreed to sell Eunk, one of the defendants, two pieces of land, one of 100 acres for $1,200, and the other of 20 acres for $1,000. $500 were to be paid by Eunk…
2Cited by14 opinions
- Rogers v. TuckerSupreme Court of Missouri · 1887
- Boies v. . BenhamNew York Court of Appeals · 1891
- Schoch v. BirdsallSupreme Court of Minnesota · 1892
- Fecteau v. FriesMichigan Supreme Court · 1931
- Harper v. DurdenSupreme Court of Georgia · 1933
9 more not listed; retrieve them via the Exa API.