Hurt v. Kelly
Supreme Court of Missouri
Error to First District Court. Sections 23 and 24 of tbe act touching schools (R. C. 1855, p. 1427) provide for the giving of notice to the defendant before new security can be required. Section 30 of the same act should be construed with them. This is the law under which the County Court, and subsequently the Circuit Court, undertook to act, and the thirtieth section was canned out without regard to the twenty-third and twenty-fourth.
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Error to First District Court. Sections 23 and 24 of tbe act touching schools (R. C. 1855, p. 1427) provide for the giving of notice to the defendant before new security can be required. Section 30 of the same act should be construed with them. This is the law under which the County Court, and subsequently the Circuit Court, undertook to act, and the thirtieth section was canned out without regard to the twenty-third and twenty-fourth. In other words, the County Court render a judgment of foreclosure of mortgage, (in effect) without notice to the mortgagor. All of this statute must be taken…
1Opinion of the CourtBliss, Judge
In 1849 defendant borrowed $500, school money, of the County Court of Saline county, and secured it by mortgage, under the provisions of the school act. In 1864, by neglecting to pay the interest, the debt had accumulated to over $1,000 ; and the County Court, without notice to defendant, ordered the sheriff to sell the land, according to the provisions of the mortgage. The plaintiff *241purchased the land at the sheriff’s sale, 'and brings an action for possession against defendant.
At the trial the defendant objected to plaintiff’s evidence, on the sole ground that the County Court made the…
2Cited by4 opinions
- Kelly v. HurtSupreme Court of Missouri · 1875
- Beattie Manufacturing Co. v. GerardiSupreme Court of Missouri · 1901
- Kilpatrick v. RobertSupreme Court of Missouri · 1919
- Kelly v. HurtSupreme Court of Missouri · 1881