Wells v. Lincoln County
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. Tbe foreclosure sale baying been made during tbe term of tbe county court, and not during that of tbe circuit court, was an irregular one. R. S. 1855, p. 1425, § 30 ; lb., p. 1090, § 13; lb., p. 746, § 45. Tbe sale being irregular, did not work a foreclosure of Bailey’s equity of redemption, but operated as an equitable assignment of tbe mortgage, and transferred to Gordon all tbe county’s rights.
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Appeal from St. Louis Court of Appeals. Tbe foreclosure sale baying been made during tbe term of tbe county court, and not during that of tbe circuit court, was an irregular one. R. S. 1855, p. 1425, § 30 ; lb., p. 1090, § 13; lb., p. 746, § 45. Tbe sale being irregular, did not work a foreclosure of Bailey’s equity of redemption, but operated as an equitable assignment of tbe mortgage, and transferred to Gordon all tbe county’s rights. Robinson v. Ryan, 25 N. Y. 325 ; Brobst v. Brook, 10 "Wall. 533; "Walker’s Cb. Reps. 494; 7 Cow. 13; Ilona,he,r v. Shough, 55 Mo. 475 ; Jones on Mort., §§…
1Opinion of the Court
Philips, C.
This action was begun in 1878 in tbe circuit court of Lincoln county. It was tried on tbe following agreed statement of facts:.
*426“ It is agreéd by. and between plaintiff and defendant that the following is a correct statement of the facts in this case, except as hereinafter stated, which said plaintiff' and defendant agree to submit to Hon. W, W. Edwards, circuit judge of Lincoln county, as a special finding for his determination and judgment. 1st, It is agreed that on the 11th day of February, 1863, David Bailey executed to the county of Lincoln three several notes or bonds, one for…
2Cases cited8 opinions
- Vallé's Heirs v. Fleming's HeirsSupreme Court of Missouri · 1859
- Robinson v. . RyanNew York Court of Appeals · 1862
- Wilcoxon v. OsbornSupreme Court of Missouri · 1883
- Jackson v. MagruderSupreme Court of Missouri · 1872
- Honaker v. ShoughSupreme Court of Missouri · 1874
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3Cited by2 opinions
- Wolff v. WardSupreme Court of Missouri · 1891
- Nodaway County v. AlumbaughSupreme Court of Missouri · 1941