Carter v. Holman
Supreme Court of Missouri
Appeal from, Worth Circuit Court. I. The agreement was properly recorded. (Wagn. Stat., 277, §§ 24, 25 ; 2 Sto. Eq. Jur., §§ 1018-20; 1 Hil. Mort., 4 ed., p. 648, et seqi) II. It was in equity a mortgage. (Hil. Mort., supra ;Read vs. Simmons, 2 Desans., 552; Menude vs. Delaire, 2 Desans., 564; Ex’r-of Reed vs. Kenan, 3 Desans., 74; Welch vs. Wusher, 2 Hill Cliv., 167-170 ; Massey vs. M’Uwain, 2 Hill Cby„ 421-428 ; Dow vs. Ker, 1 Speed.
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Appeal from, Worth Circuit Court. I. The agreement was properly recorded. (Wagn. Stat., 277, §§ 24, 25 ; 2 Sto. Eq. Jur., §§ 1018-20; 1 Hil. Mort., 4 ed., p. 648, et seqi) II. It was in equity a mortgage. (Hil. Mort., supra ;Read vs. Simmons, 2 Desans., 552; Menude vs. Delaire, 2 Desans., 564; Ex’r-of Reed vs. Kenan, 3 Desans., 74; Welch vs. Wusher, 2 Hill Cliv., 167-170 ; Massey vs. M’Uwain, 2 Hill Cby„ 421-428 ; Dow vs. Ker, 1 Speed. Eq., 414-417 ; In the matter of Howe, 1 Page, 125-130; Bk. of Muskingum, vs. Carpenter, 7 Ohio, 21; Lake vs. Dodd, 10 Ohio, 415-425; Doe, Exr. Dan Burgess vs.…
1Opinion of the CourtNapton, Judge
The only question in this case depends on the construction of the following instrument, which was duly acknowledged, signed and recorded in Worth county, on the 1st day of December, 1869. There was a subsequent levy on the property alleged to have been described, and a subsequent deed of trust; and the only question is, whether the paper hereinafter stated constituted a mortgage or lien, so as to give it priority over subsequent creditors and purchasers. The paper in question was as follows:
c- Know all men by these presents, that I, Marcus E. Holman, of Andrew county, am held and firmly bound…
2Cases cited3 opinions
- McQuie v. PeaySupreme Court of Missouri · 1874
- McPike v. AllmanSupreme Court of Missouri · 1873
- Stevenson v. SteinbergCalifornia Supreme Court · 1867
3Cited by9 opinions
- Cook v. Tide Water Associated Oil CompanyMissouri Court of Appeals · 1955
- State ex rel. Guinan v. JarrottSupreme Court of Missouri · 1904
- Brown v. DresslerSupreme Court of Missouri · 1894
- Mudd v. DillonSupreme Court of Missouri · 1901
- Kessler v. ClayesMissouri Court of Appeals · 1910
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