Dodson v. Dedman
Missouri Court of Appeals
Appeal from the Wright Circuit Court. — Hon. Argus Cox, Judge. (1) The description of the property contained in the mortgage under which plaintiff claims is so vague and uncertain as to be inoperative as to the property in controversy. Chandler v. West, 37 Mo. App. 631; Stonebralter v. Ford, 81 Mo. 532; Hughes v. Menefee, 29 Mo. App. 192; Souders v. Voorhees, 12 Pac.
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Appeal from the Wright Circuit Court. — Hon. Argus Cox, Judge. (1) The description of the property contained in the mortgage under which plaintiff claims is so vague and uncertain as to be inoperative as to the property in controversy. Chandler v. West, 37 Mo. App. 631; Stonebralter v. Ford, 81 Mo. 532; Hughes v. Menefee, 29 Mo. App. 192; Souders v. Voorhees, 12 Pac. Rep. 526. (2) The court erred in excluding the evidence offered by the defendant to show that he tendered plaintiff a good note, and that the securities thereon were solvent. Defendant was only required to tender a good note with…
1Opinion of the CourtBond, J.
Plaintiff purchased, before maturity, a note for $55, secured by a mortgage on a gray mare three years old, which, it was provided, should remain in the possession of the mortgagor until default, unless he should attempt a sale of the animal, or there should be an unreasonable depreciation in her value before the maturity of the note. The evidence tends to show that plaintiff ascertained the mare was poorly fed and in bad condition, wherefore he asked the mortgagor to surrender her so that he might take proper care of her until the note matured. This request was refused. Plaintiff called upon…
2Cases cited1 opinion
- Dowdy v. WambleSupreme Court of Missouri · 1892
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