Kortjohn v. Seimers
Missouri Court of Appeals
Appeal from the Cape Girardeau Court of Common Pleas, Hon. Robert L. Wilson, Judge. R. B. Oliver and J. W. Limbaugii, for the appellants : This is an' action at law and defendants were entitled to a jury. Peacoclc, Adm'r, n, Helson, 50 Mo. 256; Ragan v. McCoy, 29 Mo. 357; Smith v. Beef Canning Co., 14 Mo. App. 522; s. o., affirmed, 74 Mo. 154; Rev. Stat., 1879, sec. 3600. The notes and deed of trust executed at the same time to secure them are to be 'construed together.
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Appeal from the Cape Girardeau Court of Common Pleas, Hon. Robert L. Wilson, Judge. R. B. Oliver and J. W. Limbaugii, for the appellants : This is an' action at law and defendants were entitled to a jury. Peacoclc, Adm'r, n, Helson, 50 Mo. 256; Ragan v. McCoy, 29 Mo. 357; Smith v. Beef Canning Co., 14 Mo. App. 522; s. o., affirmed, 74 Mo. 154; Rev. Stat., 1879, sec. 3600. The notes and deed of trust executed at the same time to secure them are to be 'construed together. They form parts of the same transaction. Brownlee v. Arnold, 60 Mo. 79; Waples v. Jones, 62 Mo. 440. This trustee had the-…
1Opinion of the CourtRombaueb, J.
The record in this case presents propositions which are peculiar. The facts may be briefly stated thus: January 31, 1885, the appellant, Noenninger, executed a deed of trust whereby he conveyed certain property *274in the city of Cape Girardeau to the appellant, Louis Seimers, to secure to Singer & Berg, the payees, thé payment of three promissory notes bearing even date with the deed, and payable as follows: One for $2,160, due August 25, 1885; one for $1,245, due November 25, 1885, and one for $1,245, due February 25, 1886, all bearing interest at the rate of eight per cent, per annum from date.
2Cases cited4 opinions
- Barton v. BarbourSupreme Court of the United States · 1881
- Heath v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1884
- Hathaway v. FoySupreme Court of Missouri · 1867
- Hazelrigg v. BronaughCourt of Appeals of Kentucky · 1879
3Cited by10 opinions
- Goodrich v. WilliamsonSupreme Court of Oklahoma · 1899
- State Ex Rel. Fischer v. VoriesSupreme Court of Missouri · 1933
- State ex rel. Kendrick v. HudsonMissouri Court of Appeals · 1901
- Arn v. ArnMissouri Court of Appeals · 1899
- Skinner v. City of SlaterMissouri Court of Appeals · 1911
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