McGuire v. Brockman
Missouri Court of Appeals
Appeal front the Jackson Circuit Court. — Hon. James-Gibson, Judge. (1) “At common law a tender made at the law day, and refused, satisfies the condition of the mortgage as fully as if payment had been made, and reveststhe estate in the mortgagor, who may re-enter forthwith. But if the mortgage secures a debt, this subsists as á personal duty after the estate is divested by the tender, and may be recovered as a personal obligation by an action at law.
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Appeal front the Jackson Circuit Court. — Hon. James-Gibson, Judge. (1) “At common law a tender made at the law day, and refused, satisfies the condition of the mortgage as fully as if payment had been made, and reveststhe estate in the mortgagor, who may re-enter forthwith. But if the mortgage secures a debt, this subsists as á personal duty after the estate is divested by the tender, and may be recovered as a personal obligation by an action at law. If, however, the mortgage secures a gift which is not a debt, the gift is lost with the estate. Barling v. Chapman, 14 Mass. 104; Willard v.…
1Opinion of the CourtGIill, J.
This is an action on special tax bills-issued for the construction of sidewalks in front of defendant’s property in Kansas City. The evidence tends to prove that shortly after the bills were issued and before this suit was brought, defendant Brockman made a tender of the full amount due to Christopher McQ-uire, the husband and agent of the .plaintiff, but such tender was refused.
It is upon this tender alone defendants rely to-defeat the action. The tender was not followed with a deposit in court; but the contention is, that the mere tender before suit was brought for the amount due on the tax…
2Cases cited2 opinions
- Landis v. SaxtonSupreme Court of Missouri · 1886
- City of Kansas ex rel. Coates v. RidenourSupreme Court of Missouri · 1884
3Cited by3 opinions
- Duling Bros. v. City of HuntingtonWest Virginia Supreme Court · 1938
- Gray v. GurleySupreme Court of Missouri · 1913
- Mendell v. HowardMissouri Court of Appeals · 1918