Johnson v. Johnson
Supreme Court of Missouri
Appeal from Lafayette Circuit Court.—Hon. ¥m. T. "Wood, Judge. A suit may be brought to foreclose a mortgage, although the debt secured thereby is barred by the statute of limitations; after the lapse of ten years there is a presumption of payment only, but this presumption may be repelled by proof of non-payment. Chouteau v. Burlando, 20 Mo. 482. A note may be barred by limitation and yet the mortgage securing it may be enforced against the land.
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Appeal from Lafayette Circuit Court.—Hon. ¥m. T. "Wood, Judge. A suit may be brought to foreclose a mortgage, although the debt secured thereby is barred by the statute of limitations; after the lapse of ten years there is a presumption of payment only, but this presumption may be repelled by proof of non-payment. Chouteau v. Burlando, 20 Mo. 482. A note may be barred by limitation and yet the mortgage securing it may be enforced against the land. Cape Girardeau v. Marbison, 58 Mo. 90. There was a recognition of the mortgage within ten years which repels the presumption of payment. McNair v.…
1Opinion of the Court
Martin, C.
This was a suit to foreclose a mortgage, and was commenced July 14th, 1880. The debt of the mortgage was evidenced by a promissory note, dated February 11th, 1860, signed by Albert G-. Johnson, as principal, and David Johnson, as surety, payable one day after date to -Ridings and Martin, in the sum of $>372.98, and bearing interest at the rate of ten per cent per annum. The mortgage was of the same date with the note, which is described therein, and is conditioned that Albert Gr. Johnson shall pay the note, together with all interest, according to its tenor and effect. ' This…
2Cases cited8 opinions
- McQuie v. PeaySupreme Court of Missouri · 1874
- Adair v. AdairSupreme Court of Missouri · 1883
- Allen v. DermottSupreme Court of Missouri · 1883
- Phillips v. MahanSupreme Court of Missouri · 1873
- Christian v. NewberrySupreme Court of Missouri · 1875
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3Cited by21 opinions
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- Boucofski v. JacobsenUtah Supreme Court · 1909
- Welborn v. Southern Equipment CompanySupreme Court of Missouri · 1965
- Lipscomb v. TalbottSupreme Court of Missouri · 1912
- Kreibohm v. YanceySupreme Court of Missouri · 1900
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