Cape Girardeau County ex rel. Road & Canal Fund v. Harbison
Supreme Court of Missouri
Error, to Cape Girardeau Circuit Court. I. The presumption of payment from lapse of time is not an absolute bar to the foreclosure of a mortgage, but may be rebutted by evidénce. (Chouteau’s Ex’r vs. Burlando, 20 Mo., 486 : Hughes vs. Edwards, 9 Wheat., 489.) II.
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Error, to Cape Girardeau Circuit Court. I. The presumption of payment from lapse of time is not an absolute bar to the foreclosure of a mortgage, but may be rebutted by evidénce. (Chouteau’s Ex’r vs. Burlando, 20 Mo., 486 : Hughes vs. Edwards, 9 Wheat., 489.) II. The report of the sale of the real estate by the administrator under the order of the Probate Court, and the subsequent deed of trust executed by John Harbison, furnish ample evidence that the debt has not been paid. III. Where the plaintiff, to remove the bar of the statute of limitations, proves a general acknowledgment of…
1Opinion of the CourtLewis, Judge
On March 6, 1819, Darwin B. Harbison executed his bond for $566, payable in twelve months, to Cape Girardeau county, for the use of the road and canal fund, with a mortgage to secure it on 212 acres of land. Harbison dying, Peter Byrne became his administrator, and in that capacity sold the mortgaged premises in 1861, for payment of debts of the estate; John Harbison, defendant in error, being the purchaser. Afterwards Byrne died, and defendant in error *93succeeded him iu the administration of Harbison’s estate. The present suit is for a foreclosure of the mortgage. The bond is indorsed with a…
2Cases cited6 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Wiswell v. BaxterWisconsin Supreme Court · 1866
- Wiggins v. Adm'r of LoveringSupreme Court of Missouri · 1845
- Haskell v. BaileySupreme Court of Connecticut · 1852
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- State ex rel. Cates v. Standard Oil Co. of KentuckyTennessee Supreme Court · 1907
- Booker v. ArmstrongSupreme Court of Missouri · 1887
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