Jones v. Rush
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Hon. Andrew Hllison, Judge. (1) A deed absolute upon its face, intended by tbe parties to be security for tbe payment of money, will, in equity, be treated as a mortgage. And such intent may be shown by parol evidence.
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Appeal from Macon Circuit Court. — Hon. Andrew Hllison, Judge. (1) A deed absolute upon its face, intended by tbe parties to be security for tbe payment of money, will, in equity, be treated as a mortgage. And such intent may be shown by parol evidence. This proposition is elementary, and the decisions are numerous, a few of which are here cited: Book v. Beasly, 138 Mo. 455; Cobb v. Day, 106 Mo. 278; O’Neill v. Capelle, 62 Mo. 202; Hargadine v. Henderson, 97 Mo. 375. (2) An attempt by either party to deny the trust character of such an instrument, and to establish it as a deed absolute, will…
1Opinion of the CourtYalliant, J.
This is a suit in equity to foreclose a vendor’s lien.
The petition states that in May, 1894, plaintiff conveyed 280 acres of land, describing it, in Macon county to defendant, Eva M. Rush, and gave her possession thereof, which she still retains; that the.consideration of the conveyance was $4,500, of which defendant paid $1,500, and still owes plaintiff $3,000, for which he is entitled to a vendor’s lien. The prayer is for a foreclosure sale to satisfy the vendor’s lien and general relief.
The answer admits the purchase of the land but denies that the consideration was $4,500 and avers that…
2Cases cited8 opinions
- Courtney v. BlackwellSupreme Court of Missouri · 1899
- Ringo v. RichardsonSupreme Court of Missouri · 1873
- Bobb v. WolffSupreme Court of Missouri · 1899
- Forrester v. MooreSupreme Court of Missouri · 1883
- Worley v. DrydenSupreme Court of Missouri · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Bragg v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Stein v. Battenfield Oil & Grease Co.Supreme Court of Missouri · 1931
- Royal Mining Company v. Fidelity Casualty Co.Missouri Court of Appeals · 1911
- Cushing v. PowellMissouri Court of Appeals · 1908
- Hunter v. HunterSupreme Court of Missouri · 1931
19 more not listed; retrieve them via the Exa API.