Walker v. Goodsill
Missouri Court of Appeals
Appeal from the Nodaway Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) Appellant contends that the expression in his deed: “Subject to prior mortgages, liens, judgments and taxes,” refers to such incumbrances as were prior to appellant’s mortgage. The respondent was simply, conveying his lands to appellant, which appellant held a mortgage on, subject to prior incumbrances. And the real consideration may be inquired into.
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Appeal from the Nodaway Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) Appellant contends that the expression in his deed: “Subject to prior mortgages, liens, judgments and taxes,” refers to such incumbrances as were prior to appellant’s mortgage. The respondent was simply, conveying his lands to appellant, which appellant held a mortgage on, subject to prior incumbrances. And the real consideration may be inquired into. Holt v. Morgan, 79 Mo. 47; 89 Mo. 617, exact page 622; 22 Mo. _App. 448; 49 Mo. 212. (2) Appellant contends that as he in no way assumed the payment of the judgment, the…
1Opinion of the CourtEllison, J.
— Plaintiff bought and had assigned to him a judgment against defendant for a sum amounting to near $2,000. He had an execution issued on this judgment; whereupon defendant filed his motion to set aside and recall said execution. The motion was sustained and plaintiff has brought the case here.
It is sufficient, for an understanding of the case as concerns the vital question .presented, to say that *634defendant was largely indebted to plaintiff and several other persons in sums of various amounts. That he had secured plaintiff by giving him a second mortgage on his real estate and a first…
2Cases cited5 opinions
- Hancock v. FlemingIndiana Supreme Court · 1885
- Hall v. MorganSupreme Court of Missouri · 1883
- Manwaring v. PowellMichigan Supreme Court · 1879
- Bowen v. KurtzSupreme Court of Iowa · 1873
- Bartlett v. EddyMissouri Court of Appeals · 1892
3Cited by7 opinions
- McFarland v. MelsonSupreme Court of Missouri · 1929
- Fuller v. DevolldMissouri Court of Appeals · 1910
- Keifer v. ShacklettMissouri Court of Appeals · 1900
- Kansas Seventh Day Adventist Conference Ass'n v. WilliamsSupreme Court of Kansas · 1943
- Haley v. BranhamMissouri Court of Appeals · 1915
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