Schwickerath v. Cooksey
Supreme Court of Missouri
Error to Morgan Circuit Court. I. The purchaser at a sale, made by a mortgagee selling under a power, for the payment of debts, must take notice of the title and its defects. He buys at his own peril. (Barnard vs. Duncan, 38 Mo., 170.) II. There is a want of privity, and there are no equities in the bill.
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Error to Morgan Circuit Court. I. The purchaser at a sale, made by a mortgagee selling under a power, for the payment of debts, must take notice of the title and its defects. He buys at his own peril. (Barnard vs. Duncan, 38 Mo., 170.) II. There is a want of privity, and there are no equities in the bill. (Haley vs, Bagley, 37 Mo., 363.) A court of equity will grant relief against mistakes in written instruments, such as correcting mistakes in the description of lands conveyed by deed or mortgage, at the instance of a purchaser at such trustee’s or mortgagee’s sale. (Waldron vs. Letson, 15 N.…
1Opinion of the CourtSherwood, Judge
The petition in this case alleged that Thomas Cooksey, in September, 1862, agreed to and did convey by mortgage deed to Morgan county, to secure an indebtedness due by him to said county, the northeast quarter of the southwest quarter of section 2, township 42, range 19, among other land then owned by him, and that said mortgage was duly recorded; that through the mistake of the draughtsmana different forty, to wit: the northwest quarter of the southwest quarter of section 35, township-43, range 19, was inserted instead of the forty intended, and that Cooksey never owned the tract thus…
2Cases cited2 opinions
- Barnard v. DuncanSupreme Court of Missouri · 1866
- Haley v. BagleySupreme Court of Missouri · 1866
3Cited by9 opinions
- Ethridge v. PerrymanSupreme Court of Missouri · 1963
- Anderson v. AndersonMissouri Court of Appeals · 1893
- Stephenson v. HarrisSupreme Court of Alabama · 1901
- Federal Land Bank v. McColganSupreme Court of Missouri · 1933
- Trachtenberg v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1946
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