Pemberton v. Johnson
Supreme Court of Missouri
Error to First District Court. cited Boeka v. Nuella, 28 Mo. 180; 2 Kent’s Com. 184; Buell v. Sherman, 28 Ind. 464 ; Glass y. Warwick, 40 Penn. St. 140 ; Ashby v. Winston, 26 Mo. 210 ; Chilter v. Braiden, 2 Black, 458. I. The petition presents the case of a simple statutory proceeding to foreclose a mortgage. As such it is an action at law, and no equitable relief can he had thereon.
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Error to First District Court. cited Boeka v. Nuella, 28 Mo. 180; 2 Kent’s Com. 184; Buell v. Sherman, 28 Ind. 464 ; Glass y. Warwick, 40 Penn. St. 140 ; Ashby v. Winston, 26 Mo. 210 ; Chilter v. Braiden, 2 Black, 458. I. The petition presents the case of a simple statutory proceeding to foreclose a mortgage. As such it is an action at law, and no equitable relief can he had thereon. (R. C. 1855, §§ 1, 2, 18, chapter on Mortgages; 9 Mo. 283-4; 43 Mo. 502; 86 Mo. 884; Myers v. Field et al., 37 Mo. 441; 8 Mo. 257; 87 Mo. 386-7.) II. The notes were properly excluded. Having been executed alone…
1Opinion of the CourtBliss, Judge
The plaintiff brought his action in the Pettis Circuit Court to foreclose a deed of trust given by defendants, Harriet P. Johnson and husband, to secure certain promissory notes made by said Harriet P. while a married woman. It appears that Mrs. Johnson purchased of the plaintiff the land embraced in the deed of trust; that it was conveyed to her by an ordinary deed, and that she gave him these notes for the purchase money. It does not appear that the conveyance to her purports to create an estate for her sole and separate use, in reference to which she can make contracts, but an ordinary…
2Cases cited2 opinions
- Fithian v. MonksSupreme Court of Missouri · 1869
- Meyers v. FieldSupreme Court of Missouri · 1866
3Cited by5 opinions
- Equitable Building & Loan Ass'n v. KingSupreme Court of Florida · 1904
- State ex rel. Wyandotte Lodge No. 35 of the Independent Order of Odd Fellows v. EvansSupreme Court of Missouri · 1903
- Truesdail v. McCormickSupreme Court of Missouri · 1894
- Messer v. SmythSupreme Court of New Hampshire · 1878
- Weary v. WittmerMissouri Court of Appeals · 1898