White v. Smith
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — How. Geo. F. Long mi, Judge. (1) Knowledge on the part of appellants that Mrs. "White was surety for her husband on the notes referred to in the petition, dated in 1890, and secured by the Ittel deed of trust, was necessary before she was entitled to any relief as surety. Ins. Co. v. Hauck, 83 Mo. 29; Pratt v. Conway, 148 Mo. 291; Harburg, Ex’r, v. Kumpf, 151 Mo. 19; Hardester v. Tate, 85 Mo.
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Appeal from Pettis Circuit Court. — How. Geo. F. Long mi, Judge. (1) Knowledge on the part of appellants that Mrs. "White was surety for her husband on the notes referred to in the petition, dated in 1890, and secured by the Ittel deed of trust, was necessary before she was entitled to any relief as surety. Ins. Co. v. Hauck, 83 Mo. 29; Pratt v. Conway, 148 Mo. 291; Harburg, Ex’r, v. Kumpf, 151 Mo. 19; Hardester v. Tate, 85 Mo. App. 624; 2 Brandt on Suretyship and Guaranty "(2 Ed.), see. 375; 1 Ibid, secs. 32 and 33; Coíebrooke on Collateral Securities, sec. 245. No such knowledge is shown by…
1Opinion of the CourtMarshall, J.
This is a bill in equity for leave to redeem the land in controversy from, sale under exe*194cution, in an action to foreclose a mortgage, or if not allowed to redeem, then for the surplus arising from the sale, and for an injunction to restrain the enforcement of a judgment in ejectment. The trial court found for the plaintiff, permitted her to redeem, upon certain terms imposed, and enjoined the enforcement of the judgment in ejectment. The defendants appealed.
The case made is this: On October 10, 1888, the plaintiff owned lot 1 and the west half of lot 2, in block 93 of Smith & Martin’s first…
2Cases cited22 opinions
- Vogel v. LeichnerIndiana Supreme Court · 1885
- Owings v. McKenzieSupreme Court of Missouri · 1896
- The Bank of Albion v. . BurnsNew York Court of Appeals · 1871
- Trentman v. EldridgeIndiana Supreme Court · 1884
- Barrett v. DavisSupreme Court of Missouri · 1891
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3Cited by6 opinions
- Johnson v. Franklin BankSupreme Court of Missouri · 1903
- Keyser v. HinkleMissouri Court of Appeals · 1907
- Board of Education v. National Surety Co.Supreme Court of Missouri · 1904
- Hardwicke v. BarnesMissouri Court of Appeals · 1914
- Molly Kruse v. Jonathan R. KarlenMissouri Court of Appeals · 2024
1 more not listed; retrieve them via the Exa API.