Turner v. Kerr
Supreme Court of Missouri
Jlppeal from Fifth District Court. I. The conveyance and agreement admitted in the pleadings constitute a mortgage. (1 Washb. on Real Prop. 502.) H. It is not necessary to insert the terms upon which the conveyance may be defeated in the deed by which it is made. It is sufficient if it be done in a separate instrument. (1 Washb. on Real Prop. 503 ; 3 Blackf. 51; 1 Hill, on Mort. 23, § 36.) IH. The deed in this case is absolute in its terms.
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Jlppeal from Fifth District Court. I. The conveyance and agreement admitted in the pleadings constitute a mortgage. (1 Washb. on Real Prop. 502.) H. It is not necessary to insert the terms upon which the conveyance may be defeated in the deed by which it is made. It is sufficient if it be done in a separate instrument. (1 Washb. on Real Prop. 503 ; 3 Blackf. 51; 1 Hill, on Mort. 23, § 36.) IH. The deed in this case is absolute in its terms. But the agreement executed at the same time, and which is therefore to be considered a part of the same transaction, qualifies the terms and introduces…
1Opinion of the CourtCurrier, Judge
A mortgage and a conditional sale are said to be nearly allied to each other, the difference between them being defined to consist in this: that the former is a “security for a debt,” while the latter is a purchase accompanied by an agreement to re-sell on particular terms. Whether the instrument forming the foundation of this suit, in combination with the conveyance therein referred to, construed in the light of surrounding facts and circumstances, constitutes a mortgage or conditional sale, is the prominent question in the case at bar. It has been elaborately and ably discussed by counsel,…
2Cases cited5 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Holmes v. GrantNew York Court of Chancery · 1840
- Slowey v. McMurraySupreme Court of Missouri · 1858
- Baker v. ThrasherNew York Supreme Court · 1847
- Brewster v. BakerNew York Supreme Court · 1855
3Cited by22 opinions
- McNamara v. CulverSupreme Court of Kansas · 1879
- Donovan v. BoeckSupreme Court of Missouri · 1909
- Harmon v. Grants Pass Banking & Trust Co.Oregon Supreme Court · 1911
- Bobb v. WolffSupreme Court of Missouri · 1899
- Bender v. MarkleMissouri Court of Appeals · 1889
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