Phillips v. Hardenburg
Supreme Court of Missouri
Appeal from Moniteau Circuit Court. — Now. Jas. E. Easell, Judge. (1) The court erred in sustaining the demurrer and dismissing the bill. The distinction between an equitable mortgage and a trust is that so long as a debt is secured it is an equitable mortgage, and if it secures the payment of money it is a mortgage, no matter what form it may assume. Walse v. Drummit, 21 Mo. 325; Sewell v. Kedler, 13 Mo.
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Appeal from Moniteau Circuit Court. — Now. Jas. E. Easell, Judge. (1) The court erred in sustaining the demurrer and dismissing the bill. The distinction between an equitable mortgage and a trust is that so long as a debt is secured it is an equitable mortgage, and if it secures the payment of money it is a mortgage, no matter what form it may assume. Walse v. Drummit, 21 Mo. 325; Sewell v. Kedler, 13 Mo. App. 189; Schradsld v. All-bright, 93 Mo. 42. (2) Courts of equity early held that an equitable mortgage was not within the statute of frauds and might be proved by parol. Story’s Equity…
1Opinion of the CourtGantt, P. J.
This is an appeal from a judgment sustaining a demurrer to plaintiff’s petition. The plaintiffs declining to plead further, final judgment was. rendered against them.
"Plaintiff states that on the twenty-fifth day of February, 1888, George Phillips was the owner and in possession of the following described real estate situated in Moniteau county, Missouri, to-wit: all of the northeast quarter of section 31, township 43, range 15, except five acres in the southwest corner of said quarter section, and also except fourteen acres, being a strip on the north side of said quarter section; and all of…
2Cases cited10 opinions
- Boyd v. PaulSupreme Court of Missouri · 1894
- Rose v. BatesSupreme Court of Missouri · 1848
- Slowey v. McMurraySupreme Court of Missouri · 1858
- Devore v. DevoreSupreme Court of Missouri · 1897
- Leahey v. WitteSupreme Court of Missouri · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Ramsey v. LeeperSupreme Court of Oklahoma · 1933
- Jones v. JonesSupreme Court of Missouri · 1933
- International Plastics Development, Inc. v. Monsanto Co.Supreme Court of Missouri · 1968
- Patrick v. KirklandSupreme Court of Florida · 1907
- Thierry v. ThierrySupreme Court of Missouri · 1923
14 more not listed; retrieve them via the Exa API.