Carson v. Blakey
Supreme Court of Missouri
Error to Marion county. . A deed of mortgage with power to sell, legally enables the mortgagee to sell on failure of the mortgagor to pay the debt secured, and that such sale rests in tho purchaser a valid title. 1 Pow. on mort. — 18 Vesy 344' — 2 Cruise 105. sec. 43 and 44. 27 Eng. Com. L. Rep, 268. 1st. That under our law a mortgage with a power of sals ia mortgagee is void. — 2nd.
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Error to Marion county. . A deed of mortgage with power to sell, legally enables the mortgagee to sell on failure of the mortgagor to pay the debt secured, and that such sale rests in tho purchaser a valid title. 1 Pow. on mort. — 18 Vesy 344' — 2 Cruise 105. sec. 43 and 44. 27 Eng. Com. L. Rep, 268. 1st. That under our law a mortgage with a power of sals ia mortgagee is void. — 2nd. That the only method of obtain- ^ t0 mortgaged premises is, with us, by a sale under a petition for foreclosure.
1Opinion of the Court
Opinion of the court delivered by
Tompkins Judge.
Carson, as administrator of Stephens, brought'his action of ejectment against Anderson in his lifetime; the death of Anderson being suggested on the record, Elakey and Love weie made parties as administrators. The judgment of the circuit court was given in favor of the deiendants, and to reverse that, judgment, Carson pio-:ecutes this writ of error in lliis court. The evidence in the case is, that in the life time of John Anderson, one George McDaniel became the security of said Andeivon for the sum of one thousand dollars, and that Anderson…
2Cited by3 opinions
- Federal National Mortgage Ass'n v. HowlettSupreme Court of Missouri · 1975
- Steele ex rel. Milroy v. FarberSupreme Court of Missouri · 1865
- Hickey v. RyanSupreme Court of Missouri · 1851