Schwickerath v. Cooksey
Supreme Court of Missouri
Error to Morgan Circuit Court. I. The purchaser at a sale, made by a mortgagee selling under a power, for the payment of debts, must take notice of the title and its defects. He buys at his own peril. (Barnard vs. Duncan, 38 Mo., 170.) II. There is a want of privity, and there are no equities in the bill.
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Error to Morgan Circuit Court. I. The purchaser at a sale, made by a mortgagee selling under a power, for the payment of debts, must take notice of the title and its defects. He buys at his own peril. (Barnard vs. Duncan, 38 Mo., 170.) II. There is a want of privity, and there are no equities in the bill. (Haley vs, Bagley, 37 Mo., 363.) A court of equity will grant relief against mistakes in written instruments, such as correcting mistakes in the description of lands conveyed by deed or mortgage, at the instance of a purchaser at such trustee’s or mortgagee’s sale. (Waldron vs. Letson, 15 N.…
1Dissent
Adams, Judge,
delivered the dissenting opinion., This record seem to be badly made out, and it is difficult to make a proper statement. It appears,however,to be an equitable action to have the title of forty acres of land vested in the plaintiff.
It is alleged, that Thomas Cooksey, deceased, in his life time, made a mortgage on his farm to secure a debt to Morgan county. That this forty acres was a part of the farm, and was intended to be included in the mortgage, and was in fact, in contemplation of the parties, comprehended in the mortgage, but by mistake of the draughtsman, was omitted. The…
2Cases cited3 opinions
- Looker v. DavisSupreme Court of Missouri · 1870
- Haley v. BagleySupreme Court of Missouri · 1866
- State v. CrowleySupreme Court of Missouri · 1866