Hach v. Hill
Supreme Court of Missouri
Appeal from Washington Circuit Court. — Hon. J. L. Thomas, Judge. The plaintiffs, who are husband and wife, sought by this proceeding to have a certain warranty deed, executed' by them in September, 1879, whereby lot 75 in Poplar Bluff, Missouri, the property of the wife, was conveyed to Hill, Nall & Co., declared a mortgage. What the recital or contents of this deed were does not appear, as the same was not offered in evidence.
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Appeal from Washington Circuit Court. — Hon. J. L. Thomas, Judge. The plaintiffs, who are husband and wife, sought by this proceeding to have a certain warranty deed, executed' by them in September, 1879, whereby lot 75 in Poplar Bluff, Missouri, the property of the wife, was conveyed to Hill, Nall & Co., declared a mortgage. What the recital or contents of this deed were does not appear, as the same was not offered in evidence. A contract was filed with the petition of plaintiffs, which was thought to convert the warranty deed into a mortgage, and is as follows : “ This agreement made the…
1Opinion of the CourtGantt, P. J.
The petition is based on the principle that a warranty deed executed to secure advances, or a loan, though absolute on its face, may be declared a mortgage only. The contract of Hach with Hill, Nall & Co. was the consideration, and the only consideration ; for the deed from Mrs. Hach to Hill, Nall & Co. and the two papers will be read together, in giving effect to the deed.
The trial court correctly held that the warranty deed was intended by the parties thereto as a mortgage to secure advances to be made by Hill, Nall & Co. to Nicholas Hach, and Mrs. Hach was competent to mortgage her land…
2Cases cited3 opinions
- Campbell v. DentSupreme Court of Missouri · 1873
- Gill v. FerrisSupreme Court of Missouri · 1884
- Wiggins v. GrahamSupreme Court of Missouri · 1872
3Cited by5 opinions
- Williamson v. FrazeeSupreme Court of Missouri · 1922
- McDowell v. MorathMissouri Court of Appeals · 1896
- Ragan v. Kansas City & Southeastern Railway Co.Supreme Court of Missouri · 1892
- Bender v. ZimmermanSupreme Court of Missouri · 1894
- McCollum v. BoughtonSupreme Court of Missouri · 1896