Sparks v. Brown
Missouri Court of Appeals
Appeal from the Johnson Circuit Court. — Hon. C. W, Sloan, Judge. Statement by the court. This was an action of replevin for the recovery of the possession of two mules. The answer admitted the possession of the mules by Wert as the agent of the defendant Brown at the institution of the suit, and also that the property was of the value alleged in the petition, and denied generally the other allegations of the petition. The mules were originally the property of Lemuel Bailey.
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Appeal from the Johnson Circuit Court. — Hon. C. W, Sloan, Judge. Statement by the court. This was an action of replevin for the recovery of the possession of two mules. The answer admitted the possession of the mules by Wert as the agent of the defendant Brown at the institution of the suit, and also that the property was of the value alleged in the petition, and denied generally the other allegations of the petition. The mules were originally the property of Lemuel Bailey. On August 8, 1884, Lemuel Bailey executed and delivered to defendant Brown his promissory note for the sum of four…
1Opinion of the CourtHall, J.
Two questions arise on the record in this case. They are, (1) where a mortgage appears upon its face to secure an absolute debt, such as a note described therein, is parol evidence admissible to show that the note and mortgage were in fact given to secure a contingent liability of the mortgagee as the mortgagor’s surety to an amount not greater than said debt ? (2) In the absence of fraud is such a mortgage valid against a subsequent mortgage? Both of these questions must be answered in the affirmative on the authority of the following cases: McKinster v. Babcock, 26 N. Y. 280; Lawrence v.…
2Cases cited4 opinions
- Baile v. St. Joseph Fire & Marine InsuranceSupreme Court of Missouri · 1881
- Foster v. ReynoldsSupreme Court of Missouri · 1866
- Altringer v. CapeheartSupreme Court of Missouri · 1878
- Blincoe v. LeeCourt of Appeals of Kentucky · 1876
3Cited by6 opinions
- Shantz v. ShrinerMissouri Court of Appeals · 1912
- Tobin v. KampeCourt of Appeals for the Eighth Circuit · 1942
- Sparks v. BrownMissouri Court of Appeals · 1891
- Williams v. AlnuttMissouri Court of Appeals · 1897
- Bank of Urbana v. WrightMissouri Court of Appeals · 1994
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