Sheppard v. Wagner
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Henry L. McCune, Judge. (1) The deed and contract of even date created the relation of mortgagor and. mortgagee between Sheppard and the respondents. 11 Am. & Eng. Ency.
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Appeal from Jackson Circuit Court. — Hon. Henry L. McCune, Judge. (1) The deed and contract of even date created the relation of mortgagor and. mortgagee between Sheppard and the respondents. 11 Am. & Eng. Ency. Law (2 Ed.), p. 243; Brent v. Robertson, 16 Mo. 129; Wilson v. Drumrite, 21 Mo. 325; Peugh v. Davis, 96 U. S. 337; Villa v. Rodrigues, 12 Wall. 339; Chance v. Jennings, 159 Mo. 554; Reiley v. Cullen, 159 Mo. 322; Robb v. Wolf, 148 Mo. 334; Book v. Beasley, 138 Mo. 460; O’Neill v. Cappelle, 62 Mo. 205; Cobb v. Day, 106 Mo. 278. (2) The relation of mortgagor and mortgagee having been…
1Opinion of the CourtGraves, P. J.
Samuel C. Sheppard and Martha A. Montgomery were the surviving brother and sister and sole heirs at law of one "William L. Sheppard, deceased.
In .1906; about one year after the death of William L. Sheppard, the said Samuel O. Sheppard and Martha A. Montgomery brought a suit in equity in the circuit court of Jackson county to have a certain deed conveying property in Kansas City, Missouri, made by William L. Sheppard to Joseph L. Wagner and Ella A. Wagner declared to be a mortgage, and for an accounting between the parties. The petition avers that the deed, although absolute upon its face,…
2Cases cited1 opinion
- Ray County Savings Bank v. HuttonSupreme Court of Missouri · 1909
3Cited by16 opinions
- Carter v. BurnsSupreme Court of Missouri · 1933
- Ewing v. MillerSupreme Court of Missouri · 1960
- State ex rel. Anderson Motor Service Co. v. Public Service CommissionMissouri Court of Appeals · 1939
- Abrams v. ScottSupreme Court of Missouri · 1948
- Liberty Nat. Bank of Roanoke v. BearCourt of Appeals for the Fourth Circuit · 1925
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