Martin v. Ratcliff
Supreme Court of Missouri
Error to Henry Circuit Court. — Hon. J. B. Hantt, Judge. The trial court erred in the rendition of the interlocutory decree. It allowed the defendants to fence in plaintiffs’ prairie lands and use them twenty-one years without paying any rent, only for the land in cultivation in 1865 when the defendants took possession, and besides this made plaintiffs pay for the improvements and pay taxes. This is surely an error and appears on the record of the case.
Read the full summary
Error to Henry Circuit Court. — Hon. J. B. Hantt, Judge. The trial court erred in the rendition of the interlocutory decree. It allowed the defendants to fence in plaintiffs’ prairie lands and use them twenty-one years without paying any rent, only for the land in cultivation in 1865 when the defendants took possession, and besides this made plaintiffs pay for the improvements and pay taxes. This is surely an error and appears on the record of the case. This error was carried through the referee’s report and into final judgment, and had the effect of improving the heirs of the mortgage out of…
1Opinion of the CourtBlack, J.
On the twentieth of August, 1859, Jeremiah Ratcliff mortgaged five hundred and twenty acres of land in Morgan county to John A. Powell, to secure a debt of twenty-nine hundred and fifty-nine dollars. Ratcliff died in 1863, and in 1865 Powell, acting by an agent, sold the land under a power of sale *257in the mortgage. In 1880, fifteen years after the sale, the plaintiffs, who are heirs of Ratcliff, brought this suit to redeem.
There are a great number of defendants who have purchased parcels of the property from the persons who purchased at the mortgagee’s sale. It is said there is a small village…
2Cases cited3 opinions
- Mickles v. . Dillaye and OthersNew York Court of Appeals · 1858
- Bollinger v. ChouteauSupreme Court of Missouri · 1854
- Decker v. PattonIllinois Supreme Court · 1887
3Cited by7 opinions
- Harding v. GillettSupreme Court of Oklahoma · 1909
- Gem-Valley Ranches, Inc. v. SmallIdaho Supreme Court · 1966
- Sloane v. LucasWashington Supreme Court · 1905
- Hannah v. DavisSupreme Court of Missouri · 1892
- Machold v. FarnanIdaho Supreme Court · 1911
2 more not listed; retrieve them via the Exa API.