Lanier v. McIntosh
Supreme Court of Missouri
Appeal from Newton Circuit Court. — Hon. Joseph Cbavens, Judge. (1) Even upon the hypothesis that the mortgage by J. D. and Mary Shields to Kunkel had not been satisfied or fully paid, the evidence, clearly tending to prove at least a partial payment, entitled defendants, under the pleadings, to an ascertainment of the balance due, and administration of their rights by suitable directions and rulings.
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Appeal from Newton Circuit Court. — Hon. Joseph Cbavens, Judge. (1) Even upon the hypothesis that the mortgage by J. D. and Mary Shields to Kunkel had not been satisfied or fully paid, the evidence, clearly tending to prove at least a partial payment, entitled defendants, under the pleadings, to an ascertainment of the balance due, and administration of their rights by suitable directions and rulings. (2) Kunkel had no authority to-delegate the power of sale; and the fact that he was in “eye shot” of the place of sale did not make it his. Graham v. King, 50 Mo. 22; St. Louis v. Priest, 88 Mo.…
1Opinion of the CourtMacfaklane, J.
The suit is ejectment in the usual form, to recover a parcel of land twenty-two rods and six feet long by fifteen rods and seven feet wide, in McDonald county. The answer admitted the possession of McIntosh as tenant of his codefendant, J. D. Shields, but denied all other allegations. It also set up the following special defense:
“Defendants, for further answer, say and aver that at one time in the year 1886, defendant, Shields, gave to one John A. Kunkel a note for the sum of $270, to bear interest at the rate of ten per cent, per annum, to secure which he executed, a mortgage upon the…
2Cases cited10 opinions
- Nanson v. JacobSupreme Court of Missouri · 1887
- Austin v. LoringSupreme Court of Missouri · 1876
- Chappell v. AllenSupreme Court of Missouri · 1866
- Woods v. HilderbrandSupreme Court of Missouri · 1870
- Wilcoxon v. OsbornSupreme Court of Missouri · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cochran v. ThomasSupreme Court of Missouri · 1895
- Benton Land Co. v. ZeitlerSupreme Court of Missouri · 1904
- Brett v. . DavenportSupreme Court of North Carolina · 1909
- Graham v. OliverMissouri Court of Appeals · 1983
- Feller v. LeeSupreme Court of Missouri · 1910
9 more not listed; retrieve them via the Exa API.