Loewen v. Forsee
Supreme Court of Missouri
Appeal from, Johnson Circuit Court. — Hon. W. W. Wood, Judge. (1) An ágreement, though verbal, that one of the two mortgages executed at the same time shall be a first lien, will be enforced, although the mortgage foreclosed was postponed first. Bigler v. Light, 90 Pa. St. 235; Beasley v. Henry, 6 111. App. 485; Mazev.
Read the full summary
Appeal from, Johnson Circuit Court. — Hon. W. W. Wood, Judge. (1) An ágreement, though verbal, that one of the two mortgages executed at the same time shall be a first lien, will be enforced, although the mortgage foreclosed was postponed first. Bigler v. Light, 90 Pa. St. 235; Beasley v. Henry, 6 111. App. 485; Mazev. Burk, 12Phila. 335. (2) Parol evidence of an agreement and representations made by the parties at the time of making the mortgage, is admissible to show which of the mortgages the mortgagor directed to be filed first, and which of the mortgages it was agreed should be the first…
1Opinion of the CourtBurgess, J.
Action by plaintiffs for the removal of a cloud on their title to the south half of lot number 71, Carlton Place, Kansas City, Missouri. The suit was brought in the circuit court of Jackson county, but the venue was subsequently changed to the circuit *33court, of Johnson county, where a trial was had, resulting in a judgment for defendants, from which plaintiffs appealed.
The petition is in two counts.
The first count, leaving off the formal parts, is as follows: (1) That Louis Loewen is husband of plaintiff, Julia Loewen. (2) That Morris Loewen is husband of Ida Loewen. (3) That, prior to June,…
2Cases cited25 opinions
- Railroad Co. v. National BankSupreme Court of the United States · 1880
- Oates v. National BankSupreme Court of the United States · 1879
- Crawford v. SpencerSupreme Court of Missouri · 1887
- Maitland v. Citizens' National BankCourt of Appeals of Maryland · 1874
- Logan v. SmithSupreme Court of Missouri · 1876
20 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Bower v. DanielSupreme Court of Missouri · 1906
- Farmers' Nat. Bank of Tecumseh v. McCallSupreme Court of Oklahoma · 1910
- First National Bank v. RohrerSupreme Court of Missouri · 1897
- Hughes v. EwingSupreme Court of Missouri · 1901
- Snuffer v. KarrSupreme Court of Missouri · 1906
29 more not listed; retrieve them via the Exa API.