Pharis v. Surrett
Missouri Court of Appeals
Appeal from the Barry Circuit Court. — Hon. Joseph Cravens, Judge. (1) The mortgage filed with plaintiff’s petition, which he was in this action seeking to foreclose,, was given expressly to secure the payment of two certain promissory notes, executed by one of the defendants to plaintiff’s decedent; said notes were not alleged to be lost or destroyed, and were not filed with the petition and no verified copy of said notes was filed with the petition, and defendants’ motion…
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Appeal from the Barry Circuit Court. — Hon. Joseph Cravens, Judge. (1) The mortgage filed with plaintiff’s petition, which he was in this action seeking to foreclose,, was given expressly to secure the payment of two certain promissory notes, executed by one of the defendants to plaintiff’s decedent; said notes were not alleged to be lost or destroyed, and were not filed with the petition and no verified copy of said notes was filed with the petition, and defendants’ motion to dismiss, the action should have been sustained. Burdsal v. Davies, 58 Mo. 138;. Peck v. Bell, 65 Mo. 224; Dyer v.…
1Opinion of the CourtRombauer, P. J.
— This is a statutory proceeding-to foreclose a mortgage. The trial was before the-court and resulted in a judgment of foreclosure with award of special execution, and execution over for the-residue. The defendants, appealing, assign for error that the court erred in not requiring the plaintiff to-produce the notes secured by the mortgage before rendering judgment, and also erred in not sustaining-defendant’s plea of a total failure of the consideration, of said notes, and that the judgment is unwarranted by the evidence and excessive.
*11The plaintiff’s petition states that the mortgage was…
2Cases cited8 opinions
- Mitchell v. LadewSupreme Court of Missouri · 1865
- Bowling v. McFarlandSupreme Court of Missouri · 1866
- Burdsal v. DaviesSupreme Court of Missouri · 1874
- Rothwell v. MorganSupreme Court of Missouri · 1865
- Kern v. South St. Louis Mutual InsuranceSupreme Court of Missouri · 1867
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- La Rue v. BlochMissouri Court of Appeals · 1923