Swan v. Thompson
Missouri Court of Appeals
Appeal from, the Cape Girardeau Circuit Court. — Hon. H. C. O’Bryan, Judge. (1) Charles Swan having mortgaged the land in his lifetime his administrator could only sell the equity of redemption.
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Appeal from, the Cape Girardeau Circuit Court. — Hon. H. C. O’Bryan, Judge. (1) Charles Swan having mortgaged the land in his lifetime his administrator could only sell the equity of redemption. Greenwell v. Heritage, 71 Mo. 439; Welt on v. Hall, 50 Mo. 296; Jackson v. McGruder, 51 Mo. 55; Grayson v. Weddle, 63 Mo. 523. Then after selling this, the administrator could not apply the general funds to the payment of this debt secured by mortgage, and if he has so applied these funds by mistake or otherwise, it was his duty, to enforce this equity against the lands purchased by Oliver and Brooks,…
1Opinion of the CourtBiggs, J.
This is a proceeding in equity instituted in the circuit court of the county of Cape Girardeau on the tenth day of July, 1888, by Mary Swan, widow of Charles Swan, deceased, and her children, and against the defendant Thompson, administrator of the estate of Charles Swan deceased, James T. Brooks, R. B. Oliver, George Reitzel, Frederick Ristig, and Joseph Koehler.
The plaintiffs state in substance, that Charles Swan on the eleventh day of January, 1877, borrowed of Greer W. Davis, the sum of four hundred dollars and gave his note with B. F. Wigginton and David T. Pace as sureties. That on said…
2Cases cited6 opinions
- Estate of Merritt v. MerrittSupreme Court of Missouri · 1876
- Greenwell v. HeritageSupreme Court of Missouri · 1880
- Welton v. HullSupreme Court of Missouri · 1872
- Gunby v. BrownSupreme Court of Missouri · 1885
- Parks v. People's BankMissouri Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Nettleton Bank v. Estate of McGauheySupreme Court of Missouri · 1928
- Denman v. PayneSupreme Court of Alabama · 1907
- Missouri Power & Light Co. v. CreedSupreme Court of Missouri · 1930
- State v. ZinnSupreme Court of Missouri · 1897