McNair v. Picotte
Supreme Court of Missouri
Error to Washington Circuit Court. Plaintiffs filed their petition in the Circuit Court of Washington county for relief against certain sheriff’s sales, under execution, of property mortgaged by the ancestor of their grantor, alleging that the judgments under which the sales were made were for the mortgage debt, and that subsequently the debtor had satisfied the mortgage debt, whereby he became entitled to be restored to the possession of the land into which defendants had…
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Error to Washington Circuit Court. Plaintiffs filed their petition in the Circuit Court of Washington county for relief against certain sheriff’s sales, under execution, of property mortgaged by the ancestor of their grantor, alleging that the judgments under which the sales were made were for the mortgage debt, and that subsequently the debtor had satisfied the mortgage debt, whereby he became entitled to be restored to the possession of the land into which defendants had entered under their sheriff’s deed. The form of the petition was similar to that filed in the case of McNair et al. v.…
1Opinion of the CourtBates, Judge
Assuming, but not deciding, that the sheriff’s sale to Duchouquette was void, the payment by Delassus of the debts secured by the mortgages was a satisfaction of the mortgages. The failure to enter satisfaction on the margin of the record of the mortgages might subject the mortgagees to penalties, but has no effect to keep the mortgages in existence. It was only a failure to supply convenient evidence of a fact accomplished. «
After the satisfaction of the mortgages, whatever right Delassus had was legal, not equitable, and this suit which prays only equitable relief, was properly decided…
2Cited by7 opinions
- Pease v. Pilot Knob Iron Co.Supreme Court of Missouri · 1871
- Barth v. DeuelSupreme Court of Colorado · 1888
- Shriver v. SimsNebraska Supreme Court · 1934
- Terry v. CB Contracting CompanyMissouri Court of Appeals · 1965
- Seeser v. SouthwickMissouri Court of Appeals · 1896
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