Jacobs v. Lewis
Supreme Court of Missouri
Error to Fifth District Court. I. The suit in the Circuit Court to recover the first installment of interest due on the. note in controversy, and the suit in the Common Pleas Court to recover the second installment o-f interest due on said note, are based upon separate and distinct causes of action, notwithstanding the said installments of interest were secured by one and the same mortgage.
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Error to Fifth District Court. I. The suit in the Circuit Court to recover the first installment of interest due on the. note in controversy, and the suit in the Common Pleas Court to recover the second installment o-f interest due on said note, are based upon separate and distinct causes of action, notwithstanding the said installments of interest were secured by one and the same mortgage. A separate cause of action accrues whenever default is made in the payment of any installment of interest due on said note, and the parties in interest clearly have the right to subject the mortgaged…
1Opinion of the CourtCurrier, Judge
This suit was brought to foreclose a mortgage. The proceeding is under the statute (2 Wagn. Stat., ch. 99). The answer admits the execution of the note and mortgage sued on, and then alleges, as ground of abatement, the pendency of a prior foreclosure suit between the same parties, founded upon the same note and mortgage, but for a different cause of action.
The note in suit was payable in installments of $200 each; that is, $200 was payable annually during the lifetime of the payees, as the interest on $2,000. The first foreclosure suit was based upon the first of these installments, while…
2Cases cited2 opinions
- State ex rel. Craig v. DoughertySupreme Court of Missouri · 1870
- Buford v. SmithSupreme Court of Missouri · 1842
3Cited by7 opinions
- Warder v. HenrySupreme Court of Missouri · 1893
- Rodney v. GibbsSupreme Court of Missouri · 1904
- Rose v. RundallWashington Supreme Court · 1915
- Thompson v. HoldenSupreme Court of Missouri · 1893
- Weaver Mining Co. v. GuthrieMissouri Court of Appeals · 1915
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