Thayer v. Campbell
Supreme Court of Missouri
ERROR to Clark. POINTS AND AUTHORITIES. 1. The mortgage was given to secure the payment of several demands, and the interest of the mortgagees being several, each had a right to enforce his claim under the mortgage. Burnett vs. Pratte, et al. 22 Pickering, 556. The mortgagees were tenants in common. Statute of 1835, concerning conveyances, sec. 6, p. 119. 2. The mortgagees, Palmer and Lovering, were properly made parties defendants.
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ERROR to Clark. POINTS AND AUTHORITIES. 1. The mortgage was given to secure the payment of several demands, and the interest of the mortgagees being several, each had a right to enforce his claim under the mortgage. Burnett vs. Pratte, et al. 22 Pickering, 556. The mortgagees were tenants in common. Statute of 1835, concerning conveyances, sec. 6, p. 119. 2. The mortgagees, Palmer and Lovering, were properly made parties defendants. Had the plaintiff filed his bill in equity to foreclose, instead of proceeding under the statute, he would have been compelled to make the other mortgagees…
1Opinion of the CourtScott, J.
Campbell, the defendant in error, executed a mortgage on real and personal estate, to secure three several distinct debts which he owed to James S. Henning, and two others. Henning assigned his interest in the mortgage to Thayer the plaintiff, by a writing endorsed on the mortgage, in these words ; “For and in consideration of the sum of five hundred and sixty-eight dollars and twenty-seven cents, it being anote held by him against me for that sum, dated Nov. 22d, 184)2, and due 6 months from date, I assign all my interest in the within mortgage to Martin Thayer. All collected over said…
2Cases cited5 opinions
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
- McNair v. BiddleSupreme Court of Missouri · 1843
- Carr v. HolbrookSupreme Court of Missouri · 1822
- Heirs of Mullanphy v. SimpsonSupreme Court of Missouri · 1836
- Bartlett v. PettusSupreme Court of Missouri · 1834
3Cited by23 opinions
- Fithian v. MonksSupreme Court of Missouri · 1869
- Missouri Real Estate & Loan Co. v. GibsonSupreme Court of Missouri · 1920
- Mason v. BarnardSupreme Court of Missouri · 1865
- State ex rel. Wyandotte Lodge No. 35 of the Independent Order of Odd Fellows v. EvansSupreme Court of Missouri · 1903
- McClurg v. PhillipsSupreme Court of Missouri · 1872
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