Legal Opinion

McNair v. O'Fallon

Supreme Court of Missouri

Decided July 15, 1843PublishedCited by 4 opinions

APPEAL from St, Louis Court of Common Pleas. 1. An equity of redemption, on the 6th October, 1824, was the only interest to which McNair and Wife were entitled, and which, at that time, could not be the subject of levy and of sale, on a fi.fa. at law. 2. If an equity of redemption at that time was saleable on fi.fa. at law, it could not legally apply to this case; because the fi.fa. was on a judgment at law, obtained on the mortgaged debt. 3. If saleable on fi.fa., John…

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APPEAL from St, Louis Court of Common Pleas. 1. An equity of redemption, on the 6th October, 1824, was the only interest to which McNair and Wife were entitled, and which, at that time, could not be the subject of levy and of sale, on a fi.fa. at law. 2. If an equity of redemption at that time was saleable on fi.fa. at law, it could not legally apply to this case; because the fi.fa. was on a judgment at law, obtained on the mortgaged debt. 3. If saleable on fi.fa., John Mullanphy, mortgagee, could not become a purchaser at the sale. 4. The conduct of Mullanphy, at the sale, was oppressive and…

1Opinion of the CourtScott, Judge

This was a bill in chancery, filed by Margaret S. McNair, the widow and administratrix of Alexander McNair and the heirs of the said McNair, against the defendants, the executors and heirs, and devisees of John Mullanphy, deceased.

It is alleged in the bill, that Alexander McNair, being indebted to John Mullanphy, on the 26th day of January, 1820, executed to him his bond for the sum of $5,500, payable one year after date; and to secure the payment of the said sum, McNair and his wife executed to Mullanphy a mortgage in fee on the following described parcels of land and lot in the county and…

2Cases cited1 opinion

  1. Carkhuff v. AndersonSupreme Court of Pennsylvania · 1810

3Cited by4 opinions

  1. Carson v. LeeSupreme Court of Missouri · 1920
  2. Lumley v. RobinsonSupreme Court of Missouri · 1858
  3. Potter v. HerringSupreme Court of Missouri · 1874
  4. Daniel C. Young & Co. v. RuthSupreme Court of Missouri · 1874

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