M'cCauley v. Brady
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. E(hoard P. Gates, Judge. (1) The act of 1891 (Laws 1891, p. 181) did not apply to notes already' executed but not yet barred.Little v. Reid, 75 Mo. App. 270; Stockton v. Teasdale, 115 Mo.
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Appeal from Jackson Circuit Court. — Hon. E(hoard P. Gates, Judge. (1) The act of 1891 (Laws 1891, p. 181) did not apply to notes already' executed but not yet barred.Little v. Reid, 75 Mo. App. 270; Stockton v. Teasdale, 115 Mo. App. 215; Bumgardner v. Wealand, 95 S. W. 211. (1) Judging from the language of the petition we assume that appellant is proceeding at law under section 1312, R. S. 1899. However as she has blended the three causes of action in one count, she may contend that this is an equitable action. In either event respondent Brady’s demurrer was properly sustained. (2) The…
1Opinion of the CourtJohnson, J.
Action to foreclose a deed of trust in the nature of a mortgage brought by the holder, by assignment of the notes secured, against Charles W. Brady, the purchaser of the real estate 'described in the trust deed, and Henry D. Ashley, the trustee therein appointed. A demurrer to the petition filed by the defendant Brady was sustained and on the refusal of plaintiff to plead further judgment was entered against her and the cause is here on her appeal. Defendant Ashley, being a formal party, merely, was not included in the judgment and makes no appearance here. The petition, omitting the caption,…
2Cases cited5 opinions
- Thayer v. CampbellSupreme Court of Missouri · 1845
- State ex rel. Wyandotte Lodge No. 35 of the Independent Order of Odd Fellows v. EvansSupreme Court of Missouri · 1903
- Thornton v. PiggSupreme Court of Missouri · 1857
- Bumgardner v. WealandSupreme Court of Missouri · 1906
- Albert v. Van FrankMissouri Court of Appeals · 1901
3Cited by6 opinions
- Louis v. AndreaSupreme Court of Missouri · 1960
- Bush v. BlockMissouri Court of Appeals · 1916
- Martin v. TeasdaleSupreme Court of Missouri · 1908
- Hower v. ErwinSupreme Court of Missouri · 1909
- Brown v. BibbSupreme Court of Missouri · 1947
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