Legal Opinion

Williams v. Shackleford

Supreme Court of Missouri

Decided October 15, 1888PublishedCited by 9 opinions

Appeal from Pettis Circuit Court. — IIon. J. P. Strother, Judge. A man who is convicted and while serving a term in the penitentiary for felony cannot execute a mortgage, as was done in this case, and such mortgage is void. The second declaration should have been given. R. S. sec. 1767 ; Presburry v. Hull, 34 Mo. 29 ; Plainer n. Sherwood, 6 Johns. Ch. 118.

1Opinion of the CourtBrace, J.

This is an action in ejectment to recover possession of a forty-acre tract of land in Pettis county. The case was tried by the court without a jury. The plaintiffs obtained judgment in the circuit court, and the defendants appealed.

*323Plaintiffs' claim .title under a mortgage deed with power of sale executed by John L. Williams to A. W. Anthony, dated October 15, 1879, to secure the payment of a note for three hundred dollars to said Anthony, exechted by the said Williams and the plaintiffs as his sureties ; and a deed from said Anthony to them in pursuance of sale made by him as such mortgagee…

2Cited by9 opinions

  1. Thompson v. BondDistrict Court, W.D. Missouri · 1976
  2. Harmon v. BowersSupreme Court of Kansas · 1908
  3. McLaughlin v. McLaughlinSupreme Court of Missouri · 1910
  4. Murphy v. BarronSupreme Court of Missouri · 1918
  5. Holmes v. KingSupreme Court of Alabama · 1927

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