Kansas City Savings Ass'n v. Mastin
Supreme Court of Missouri
Appeal from, Jackson County Special Law and Equity Court. I. The plaintiffs intended to, and did, at the time of these suits, abandon their mortgage, and they ought now to be allowed to renew their lieu. A mortgage may be discharged or waived by the acts of the parties. (2 Hill. Morfc., 513.) If the mortgagee sell the property on execution or attachtachment he waives his lien.
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Appeal from, Jackson County Special Law and Equity Court. I. The plaintiffs intended to, and did, at the time of these suits, abandon their mortgage, and they ought now to be allowed to renew their lieu. A mortgage may be discharged or waived by the acts of the parties. (2 Hill. Morfc., 513.) If the mortgagee sell the property on execution or attachtachment he waives his lien. (Butler vs. Miller, 1 Comst., 496-502; Kimball vs. Benning, 45 N. IT., 429; Paul vs. Hay ford, 9 Shep., 234; 2 Dessaus, 194; Anderson v. Bumgnrten, 27 Mo. 80.) II. At the time Sigemont took back the property, there was…
1Opinion of the CourtSherwood, Judge
Suit for injunction and for foreclosure of chattel mortgage, brought in July, 1872. In the Spring of 1870, one Sigemont was the owner of certain hotel furniture and fixtures, which were under mortgage to one Welch for $3,600, which incumbrance was, in the Summer of 1872, removed by the payment of the debt thereby secured. While, however, the incumbrance in Welch’s favor still subsisted, Sigemont, in April 1S70, leased the premises to Long & Carroll for a term of five- years at a yearly rental of $10,000, and sold the furniture, *437etc., talcing their three promissory notes for $3,000. each…
2Cases cited1 opinion
- Anderson v. BaumgartnerSupreme Court of Missouri · 1858
3Cited by5 opinions
- Johnson v. JohnsonSupreme Court of Missouri · 1884
- George v. SomervilleSupreme Court of Missouri · 1899
- Funk v. SeehornMissouri Court of Appeals · 1903
- Shackelford's Administrator v. ClarkSupreme Court of Missouri · 1883
- Stark v. CooperMissouri Court of Appeals · 1919