Legal Opinion

McNair v. Biddle

Supreme Court of Missouri

Decided July 15, 1843PublishedCited by 17 opinions

APPEAL from St. Louis Court of Common Pleas. submit the following general points:— 1. The decree of foreclosure, and all the proceedings under it, are void, being coram nonjiulice. 2. After the execution, and before the foreclosure of the mortgage dated 22d March, 1819, no arrangement or agreement touching the equity of redemption, in ;any way impairing or affecting the right of redemption in the mortgagors, A. W. McNair and M. S. McNair, is valid; for,-until the relation of…

Read the full summary

APPEAL from St. Louis Court of Common Pleas. submit the following general points:— 1. The decree of foreclosure, and all the proceedings under it, are void, being coram nonjiulice. 2. After the execution, and before the foreclosure of the mortgage dated 22d March, 1819, no arrangement or agreement touching the equity of redemption, in ;any way impairing or affecting the right of redemption in the mortgagors, A. W. McNair and M. S. McNair, is valid; for,-until the relation of mortgagor and mortgagee be dissolved, which must appear from the showing of the mortgagee by the most undoubted and…

1Opinion of the CourtScott, Judge

This was a bill in chancery, filed by the heirs of Alexander McNair, deceased, and Margaret S. McNair, widow and administratrix of said Alexander McNair, against Ann Biddle and others; in which it was alleged, that Alexander McNair departed this life on the 18th of March, 1826, leaving the said widow and heirs; that he was seized, during his life-time, of considerable real estate in the county and city of St. Louis, and in the counties of St. Charles, Washington, Jefferson, and others, in the State of Missouri:

That McNair, becoming indebted to J. Mullanphy, deceased, formerly of St. Louis, in…

2Cases cited1 opinion

  1. Carr v. HolbrookSupreme Court of Missouri · 1822

3Cited by17 opinions

  1. Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
  2. Fithian v. MonksSupreme Court of Missouri · 1869
  3. Freeman v. ThompsonSupreme Court of Missouri · 1873
  4. Newham v. KentonSupreme Court of Missouri · 1883
  5. Schneider v. PattonSupreme Court of Missouri · 1903

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API