Murphy v. Simpson
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court.- — Hon. Daniel Dillon, Judge. (1) There is no evidence that the note and deed of trust were ever paid and delivered up. to Lucy B. Metcalfe, the actual owner of the property, and maker of the deed and note, or to anyone for her ; but,- even so, it was perfectly competent for the mortgagors, after payment of the note, to reissue and redeliver the note and mortgage as a binding security, and this act of reissuance is binding…
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Appeal from the St. Louis City Circuit Court.- — Hon. Daniel Dillon, Judge. (1) There is no evidence that the note and deed of trust were ever paid and delivered up. to Lucy B. Metcalfe, the actual owner of the property, and maker of the deed and note, or to anyone for her ; but,- even so, it was perfectly competent for the mortgagors, after payment of the note, to reissue and redeliver the note and mortgage as a binding security, and this act of reissuance is binding against everyone, excepting creditors and purchasers intervening between the date of payment and reissuance. Daniel on…
1Opinion of the CourtRombauer, P. J.
This is a suit in equity seeking the surrender and cancellation of a note, as a subsisting charge against the property of the plaintiff, on the ground that the note, in so far as it purports to be such a charge, is a fraudulent reissue of an obligation fully paid and extinguished. The court, upon hearing, made the following decree, and we find, on an examination of the record that, as far as herein set out, it is well sustained by the weight of evidence. The parts of such decree referred to are as follows :
“The court doth find that the defendants, Lucie B. Metcalfe and Lyne S. Metcalfe, Jr.,…
2Cases cited7 opinions
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Lee v. ClarkSupreme Court of Missouri · 1886
- Joerdens v. SchrimpfSupreme Court of Missouri · 1883
- Drake v. JonesSupreme Court of Missouri · 1858
- Parks v. People's BankSupreme Court of Missouri · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kelly v. StaedSupreme Court of Missouri · 1896
- Gerardi v. ChristieMissouri Court of Appeals · 1910
- Dowling v. Grand Avenue BankMissouri Court of Appeals · 1924