Snyder v. Chicago, Santa Fe & California Railway Co.
Supreme Court of Missouri
Appeal from Chariton Circuit Cowrt. — Hon. W. W. . Rucker, Judge. (1) The Holloway mortgage is not a statutory mortgage and is at best only a common law mortgage with power of sale. (2) The Holloway mortgage provided that the sale should be “for cash in hand.” The sale actually made was on credit, no cash being paid.
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Appeal from Chariton Circuit Cowrt. — Hon. W. W. . Rucker, Judge. (1) The Holloway mortgage is not a statutory mortgage and is at best only a common law mortgage with power of sale. (2) The Holloway mortgage provided that the sale should be “for cash in hand.” The sale actually made was on credit, no cash being paid. This entitles the defendant to avoid the sale-. (3) The county court had no authority to sell, under the Holloway mortgage, upon any other terms than cash in hand, or to cancel the Holloway bonds except upon the payment of cash. (4) The order of sale made by the county court did…
1Opinion of the CourtBrace, P. J.
This is an action in' ejectment to recover possession of a strip of land in the southwest quarter of section ll, township 56, range 19, in Chariton county, inclosed and occupied by defendant as a right of way, running diagonally through said quarter section and containing about fourteen acres. The case was tried before the court without a jury; the plaintiff had judgment and the defendant appeals.
The facts, so far as necessary to be stated for the *572purpose of this opinion, are that on the twenty-eighth of May, 1867, John B. Holloway, then the owner of said quarter section, executed a mortgage…
2Cases cited12 opinions
- Schanewerk v. HoberechtSupreme Court of Missouri · 1893
- German Bank v. StumpfSupreme Court of Missouri · 1880
- Mann v. BestSupreme Court of Missouri · 1876
- Benkendorf v. VincenzSupreme Court of Missouri · 1873
- Chase v. WilliamsSupreme Court of Missouri · 1881
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Benton Land Co. v. ZeitlerSupreme Court of Missouri · 1904
- Martin v. LorrenMissouri Court of Appeals · 1994
- Butler Building & Investment Co. v. DunsworthSupreme Court of Missouri · 1898
- Long v. ManningSupreme Court of Missouri · 1970
- Martin v. LorrenMissouri Court of Appeals · 1994