Moore v. Thompson
Missouri Court of Appeals
Appeal from the Clay Circuit Court. — Hon. J. M. Sandusky, Judge. (1) Upon tlie finding of tlie facts, as made by the court in this cause, the judgment, under the law, must have been for the defendant. (2) It was not only competent to sell the property “in a lump,” but under the circumstances of this case it was incumbent on Thompson to do it. The manner of the sale was according to the request of the owner of the property.
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Appeal from the Clay Circuit Court. — Hon. J. M. Sandusky, Judge. (1) Upon tlie finding of tlie facts, as made by the court in this cause, the judgment, under the law, must have been for the defendant. (2) It was not only competent to sell the property “in a lump,” but under the circumstances of this case it was incumbent on Thompson to do it. The manner of the sale was according to the request of the owner of the property. The preponderance of evidence shows that the price obtained at the sale was a fair, if not a full, price. The only party entitled to complain of it — the mortgagors — are…
1Opinion of the CourtGill, J.
This is a suit by the holder of a second mortgage against the first mortgagee, wherein the former seeks to charge the latter (to the extent of the former’s debt'against the mortgagor) by reason of an alleged misappropriation of'the mortgaged goods by the defendant, first mortgagee. The cause was tried before the court, and the judge trying the same made a written finding of the facts coupled with the court’s views as to the law of the case ; and which, for the purpose of a brief and clear statement of the facts shown by the evidence, as well as the law governing the case, we here quote entire:
2Cases cited4 opinions
- Rutherford v. WilliamsSupreme Court of Missouri · 1867
- Strawbridge v. ClarkSupreme Court of Missouri · 1873
- Reid v. MullinsSupreme Court of Missouri · 1869
- Moore v. RyanMissouri Court of Appeals · 1888
3Cited by3 opinions
- Dunlap v. DunsethMissouri Court of Appeals · 1899
- Byrne v. CarsonMissouri Court of Appeals · 1897
- Clarkson v. MullinMissouri Court of Appeals · 1895