Williams v. Shackleford
Supreme Court of Missouri
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
- Thompson v. BondDistrict Court, W.D. Missouri · 1976
- Harmon v. BowersSupreme Court of Kansas · 1908
- McLaughlin v. McLaughlinSupreme Court of Missouri · 1910
- Murphy v. BarronSupreme Court of Missouri · 1918
- Holmes v. KingSupreme Court of Alabama · 1927
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