Henry v. Orear
Missouri Court of Appeals
Appeal from Sullivan Circuit Court. — Ho®. John P. Butler, Judge. (1) To make out plaintiff’s case under the pleadings, he was required to, and proved the following facts: (а) The payment to Orear, the assignee and holder of the note the amount of the deed of trust deht. (b) Payment of the fee for release of the record, (c) The request for release more than'thirty days, before bringing his suit. Dawson v. Clark, 49 Mo. App. 148; Hanson v. Stever, 69 Mo.
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Appeal from Sullivan Circuit Court. — Ho®. John P. Butler, Judge. (1) To make out plaintiff’s case under the pleadings, he was required to, and proved the following facts: (а) The payment to Orear, the assignee and holder of the note the amount of the deed of trust deht. (b) Payment of the fee for release of the record, (c) The request for release more than'thirty days, before bringing his suit. Dawson v. Clark, 49 Mo. App. 148; Hanson v. Stever, 69 Mo. App. 136; Dunkin v. Ins. Co., 63 Mo. App. 258; Campbell v. Seeley, 38 Mo. App. 300; Hill v. Wainright, 83 Mo. App. 465. (2) The defendant,…
1Opinion of the CourtEllison, J.
Plaintiff gave a mortgage to the New England Loan and Trust Company on 620 acres of land in- Sullivan county to secure a note of $7,400. The note was assigned to defendant. Plaintiff claimed that he had paid the note in full amounting with interest to the sum of $7,844, together with twenty-five cents recorder’s fee for releasing the mortgage on the margin of the record where it was recorded ; and that he had demanded its release which defendant for more than thirty days had refused. Plaintiff thereupon brought this suit for ten per cent on the amount of the mortgage as a penalty for failing…
2Cases cited11 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Musser v. AdlerSupreme Court of Missouri · 1885
- Joerdens v. SchrimpfSupreme Court of Missouri · 1883
- Harris v. Swanson & Bro.Supreme Court of Alabama · 1878
- Deeter v. CrossleySupreme Court of Iowa · 1868
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3Cited by2 opinions
- Ong Building Corp. v. GMAC Mortgage Corp. of PennsylvaniaMissouri Court of Appeals · 1993
- Kingston v. NewellMissouri Court of Appeals · 1907