Marion County v. Moffett
Supreme Court of Missouri
The court below erred in the instructions given. The statute requires that the officers of the county, to-wit, the county court, take, in addition to personal security, a mortgage in tee from the principle on real estate, free from all liens and incumbrances, of double the value of the loan, if the loan be more than $100. See “act for the organization &c. of common schools,” 2 Art. 11 section session acts 38,39 page 118, The county court did not take mortgage of real estate…
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The court below erred in the instructions given. The statute requires that the officers of the county, to-wit, the county court, take, in addition to personal security, a mortgage in tee from the principle on real estate, free from all liens and incumbrances, of double the value of the loan, if the loan be more than $100. See “act for the organization &c. of common schools,” 2 Art. 11 section session acts 38,39 page 118, The county court did not take mortgage of real estate free from liens and incumbrances, and their failure to do so, releases the securities, Samuels & Beebee: 1 Story’s…
1Opinion of the CourtScott, J.
This was an action begun in the county court of Marion county by the defendant in error against the plaintiff in error, for the recovery of a debt due the defendant in error for school money loaned to E. McDonald, for whom the intestate of the plaintiff in error was a surety. Judgment was recovered in the county court, whence the case was transferred to the circuit court, where judgment was again rendered for the defendant in error, upon which the plaintiff in error sued out tiffs writ.
It appears, that Jameson Samuels, the intestate, together with W. B. Bebee was surety in a bond for $1200,…
2Cited by5 opinions
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