Legal Opinion

Wayman v. Jones

Missouri Court of Appeals

Decided May 14, 1894PublishedCited by 17 opinions

Appeal from the Jackson Circuit Court. — Hon. Jambs Gtbson, «Judge. (1) Where grantee assumes mortgage indebtedness he becomes principal debtor to mortgagee and mortgagor, the surety. Bank v. Wood, 56 Mo. App. 214; Fitzgerald v. Barker, 70 Mo. 685; FLeimv. Vogel, 69 Mo. 529; George v. Andrews, 60 Md. 26; Calvo v. Davies, 73 N. Y. 211; 1 Jones on Mortgages, sec. 742; Flagg v. Gellmacher, 98 111. 293; Ins.

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Appeal from the Jackson Circuit Court. — Hon. Jambs Gtbson, «Judge. (1) Where grantee assumes mortgage indebtedness he becomes principal debtor to mortgagee and mortgagor, the surety. Bank v. Wood, 56 Mo. App. 214; Fitzgerald v. Barker, 70 Mo. 685; FLeimv. Vogel, 69 Mo. 529; George v. Andrews, 60 Md. 26; Calvo v. Davies, 73 N. Y. 211; 1 Jones on Mortgages, sec. 742; Flagg v. Gellmacher, 98 111. 293; Ins. Co. v. Hanford, 143 U. S. 187. (2) Any valid agreement by the mortgagee with the grantee of mortgagor to extend the time of payment, made without the consent of the mortgagor, discharges the…

1Opinion of the CourtSmith, P. J.

— The defendant, Mrs. Jones, executed -to one Collins her promissory, note for $350, to secure which she also, executed a mortgage on certain real property in Kansas City. Collins assigned the note to plaintiff.

Mrs. Jones conveyed by deed the mortgaged property to defendant J. Carver Jones. The last named defendant, by deed, conveyed the property to William A. Jones, who reconveyed the same to the defendant J. Carver Jones. The last named defendant, by deed, conveyed said property to J. Allen Henry, who, by deed, conveyed the same to J. Ray Samuels. That each of the grantees in said several…

2Cases cited19 opinions

  1. Calvo v. . DaviesNew York Court of Appeals · 1878
  2. Union Mutual Life Insurance v. HanfordSupreme Court of the United States · 1892
  3. Murray v. . MarshallNew York Court of Appeals · 1884
  4. Crawford v. EdwardsMichigan Supreme Court · 1876
  5. King v. BaldwinNew York Court of Chancery · 1817

14 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Fanning v. MurphyWisconsin Supreme Court · 1906
  2. Pratt v. ConwaySupreme Court of Missouri · 1899
  3. Nelson v. BrownSupreme Court of Missouri · 1897
  4. Regan v. WilliamsSupreme Court of Missouri · 1905
  5. Hartog v. SieglerMissouri Court of Appeals · 1981

12 more not listed; retrieve them via the Exa API.

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