Riley's Administrator v. McCord's Administrator
Supreme Court of Missouri
•Appeal from Callaway Circuit Court. This cause has been heretofore in this court. The decision of this court -will be found reported in 21 Mo. 285. The cause having been remanded to the court below, the defendant put in an answer in which he alleged that he had not knowledge &c., to form a belief as to the death of Riley, the mortgagee; and admitted the grant of letters of administration upon the estate of Riley to Chase, the plaintiff, but denied his right to administer…
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•Appeal from Callaway Circuit Court. This cause has been heretofore in this court. The decision of this court -will be found reported in 21 Mo. 285. The cause having been remanded to the court below, the defendant put in an answer in which he alleged that he had not knowledge &c., to form a belief as to the death of Riley, the mortgagee; and admitted the grant of letters of administration upon the estate of Riley to Chase, the plaintiff, but denied his right to administer upon the trust property which belonged to Riley in his capacity of trustee for Mrs. McCord. He alleged that Riley had no…
1Opinion of the Court
Scott, Judge,
delivered tbe opinion of the court.
We see no difference between this case, as now presented, I and the case as it stood in 21 vol. Mo. Rep. 285. It was a l question in our courts at one time whether the proceeding under the statute concerning mortgages was one in equity, or one i at common law subject to the provisions of the statute. It was early settled that a proceeding to foreclose the equity of redemption of a mortgage under the statute was a proceeding at law, and was not governed by the rules of proceedings inequity. (Thayer v. Campbell et al. 9 Mo. 277.) It has also been…
2Cases cited1 opinion
- Thayer v. CampbellSupreme Court of Missouri · 1845
3Cited by16 opinions
- State v. . ParishSupreme Court of North Carolina · 1889
- Fithian v. MonksSupreme Court of Missouri · 1869
- Richardson v. ColeSupreme Court of Missouri · 1901
- Tucker v. St. Louis Life Ins.Supreme Court of Missouri · 1876
- Rossiter v. MerrimanSupreme Court of Kansas · 1909
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