Van Meter v. Poole
Missouri Court of Appeals
Appeal from Barton Circuit Court. — Hon. Charles A. Denton, Judge. . (1) The purchaser of mortgaged premises does not personally assume the payment of the mortgage debt, unless it is clearly 'assumed by a recital in the deed, or proved to have been expressly agreed to be paid by the purchaser as a part of the purchase price of the premises. Keifer v. Shacklett, 85 Mo. App. 449; 15 Am. and Eng.
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Appeal from Barton Circuit Court. — Hon. Charles A. Denton, Judge. . (1) The purchaser of mortgaged premises does not personally assume the payment of the mortgage debt, unless it is clearly 'assumed by a recital in the deed, or proved to have been expressly agreed to be paid by the purchaser as a part of the purchase price of the premises. Keifer v. Shacklett, 85 Mo. App. 449; 15 Am. and Eng. Ency. of Law (1 Ed.), p. 832; 1 Jones on Mortgages (3 Ed.), sec. 748. (2) A purchaser of mortgaged premises is not personally liable for the debt on the property, unless he expressly agrees to pay the…
1Opinion of the CourtJohnson, J.
In 1895, G. W. Grigsby borrowed $625 of school money belonging to Barton county, executed a bond therefor due in one year,, and secured the payment of the bond by a mortgage on his residence property in Lamar. Plaintiff signed the bond as surety. In 1902, the county obtained a judgment foreclosing the mortgage lien, caused the property to be sold thereunder and plaintiff became the purchaser under a bid of $500. The proceeds .of the sale were insufficient to discharge in full the amount of the principal *436and accrued interest and plaintiff, as surety, was compelled to pay tbe difference,…
2Cases cited2 opinions
- Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
- Laumeier v. HallockMissouri Court of Appeals · 1903
3Cited by7 opinions
- Citizens Bank of Senath v. DouglassMissouri Court of Appeals · 1913
- McFarland v. MelsonSupreme Court of Missouri · 1929
- Moore v. McHaneyMissouri Court of Appeals · 1915
- Hafford v. SmithMissouri Court of Appeals · 1963
- Holland v. W. C. Belcher Land Mortgage Co.Court of Appeals of Texas · 1922
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