Legal Opinion

Dodson v. Clark

Missouri Court of Appeals

Decided December 2, 1889PublishedCited by 3 opinions

Appeal from, the Jasper Circuit Court. — Hon. M. Gf. McGregor, Judge. Statement of the case by the court. At the trial of this cause in the circuit court plaintiff introduced' evidence tending to establish the following facts, to-wit: That on the ninth day of October, 1886, plaintiff gave to defendant a mortgage upon certain goods and chattels to secure a debt of one thousand dollars, which mortgage was recorded in Jasper county.

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Appeal from, the Jasper Circuit Court. — Hon. M. Gf. McGregor, Judge. Statement of the case by the court. At the trial of this cause in the circuit court plaintiff introduced' evidence tending to establish the following facts, to-wit: That on the ninth day of October, 1886, plaintiff gave to defendant a mortgage upon certain goods and chattels to secure a debt of one thousand dollars, which mortgage was recorded in Jasper county. On maturity of the note, in October, 1887, plaintiff turned over to defendant a portion of the property covered by the mortgage, in full payment of the debt thereby…

1Opinion of the Court

Gill, J. —

The respondent failing to furnish any brief or argument, we are at a loss to determine upon what theory the court below declared to the jury that the evidence adduced by the plaintiff failed to show any case against the defendant. So much of sections 3311 and 3312, Revised Statutes, 1879, as relate to this controversy, reads as follows :

“ Sec. 3311. If any mortgagee receive full satisfaction of any mortgage or deed of trust, he shall, at the request and the cost of the person making the same, acknowledge satisfaction of the mortgage or deed of *153trust, on the margin of the record…

2Cases cited1 opinion

  1. Deeter v. CrossleySupreme Court of Iowa · 1868

3Cited by3 opinions

  1. Dodson v. ClarkMissouri Court of Appeals · 1892
  2. Dunkin v. Mutual Benefit Life InsuranceMissouri Court of Appeals · 1895
  3. Hill v. WainwrightMissouri Court of Appeals · 1900

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