Mason v. Barnard
Supreme Court of Missouri
Error to St. Louis Land Qourt. On the 9th May, 1859, Catherine Graham conveyed a lot of ground to Joseph S. Barnard for a consideration, 'which was partly paid in cash, and for the remainder he executed five promissory notes, all dated 9th May, 1859, one for $319.80, due six months after date, and four others, each for $638.16, due respectively fin one, two, three and four years from date, and bearing six per cent, interest until paid.
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Error to St. Louis Land Qourt. On the 9th May, 1859, Catherine Graham conveyed a lot of ground to Joseph S. Barnard for a consideration, 'which was partly paid in cash, and for the remainder he executed five promissory notes, all dated 9th May, 1859, one for $319.80, due six months after date, and four others, each for $638.16, due respectively fin one, two, three and four years from date, and bearing six per cent, interest until paid. To secure these notes, Joseph S. Barnard executed a deed of trust on the land, bearing date the 9th May, 1859. By this deed it was provided, that, if default…
1Opinion of the CourtWagner, Judge
Several questions have been elaborately discussed in the argument of this cause, which we have found it unneces-. *390sary to consider, as the record discloses two points which must control and decide it.
No exceptions being saved in the court below, we can notice nothing except error apparent on the face of the record. The equitable doctrine of subrogation, insisted on by the counsel for the defendant in error, can have no application for the reason that the petition is not in the nature of a bill in equity, but a proceeding strictly in accordance with the statute regulating foreclosures. A bill…
2Cases cited5 opinions
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