Legal Opinion

Beatie v. Butler

Supreme Court of Missouri

Decided July 15, 1855PublishedCited by 32 opinions

Appeal from Buchanan Circuit Court. This was a petition to set aside a sale made under a mortgage, by the mortgagee. The plaintiffs were the heirs at law and widow of Josiah N. Beatie, deceased, and the defendants were Martin Butler, the mortgagee, and William Fowler, the purchaser of the mortgaged lots.

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Appeal from Buchanan Circuit Court. This was a petition to set aside a sale made under a mortgage, by the mortgagee. The plaintiffs were the heirs at law and widow of Josiah N. Beatie, deceased, and the defendants were Martin Butler, the mortgagee, and William Fowler, the purchaser of the mortgaged lots. The facts were found by the court, and may be stated to be these: On the 21st of December, 1844, Beatie borrowed of Butler $1525, and bought a stock of goods of Butler & Dynes, (partners in trade,) for $2147 52, and gave his note for the first named sum, payable on the first of January, 1846,…

1Opinion of the CourtScott, Judge

1. The argument that the death of Beatie should have suspended all proceedings under the mortgage, in analogy to the suspension of all process of execution under the administration *319law, against tbe estates of decedents, cannot be maintained. The law may suspend its own process. As it gives the process, it may regulate it. But deeds of trust and mortgages, with the power of sale, arise from the consent and agreement of parties, and there is no propriety in depriving creditors of the fruits of their foresight and caution. The statute of the 25th January, 1847, is an answer to the argument. That…

2Cited by32 opinions

  1. Maupin v. EmmonsSupreme Court of Missouri · 1871
  2. Berry ex rel. Roberts v. SkinnerCourt of Appeals of Maryland · 1869
  3. Dickey v. LyonSupreme Court of Iowa · 1865
  4. Hrovat v. BinghamMissouri Court of Appeals · 1960
  5. McCamant v. PattersonSupreme Court of Missouri · 1866

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