Carr v. Moss
Supreme Court of Missouri
Appeal from Livingston Circuit Court, — Hqn, J. M, Davis, Judge. (1) The motion to conform the pleadings to the proof should have been sustained. R. S., secs. 3565, 6, 7; Bennett v. MoCause, 65 Mo. 194; Turner v. By., 51 Mo. 501; Fisher v. Max, 49 Mo. 404; Harleness v. Julian, 53 Mo. 238 ; Wells v. Sharp, 57 Mo, 56. (2) The court erred in its finding as to the amount of indebtedness from Carr to Moss.
1Opinion of the CourtHenky, C. J.
In this suit, commenced in the Livingston circuit court, plaintiff asks to redeem certain lands by him conveyed to defendant, as security for moneys advanced by the latter to him, and for a settlement of accounts between them. Lewis A. Chapman was appointed a referee to take the testimony and make his report thereon to the court. At the May term, 1881, of said court, the court made a decree, finding that a warranty deed, dated January 27, 1874, made by plaintiff to defendant for lands therein described, was, in fact, a mortgage to secure to defendant the payment of such amount as should, on a…
2Cases cited1 opinion
- Anderson v. HanceSupreme Court of Missouri · 1871
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- Bremen Mining & Milling Co. v. BremenNew Mexico Supreme Court · 1905
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