Donovan v. Boeck
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — lion. W arwick Hough, J udge. (1) When a grantor in an absolute deed at the same time takes from the grantee a written contract giving the former a certain length of time in which to redeem the premises by paying the amount of the debt or consideration of the deed, and binding the latter to reconvey on such redemption, the two papers together constitute a mortgage.
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Appeal from St. Louis City Circuit Court. — lion. W arwick Hough, J udge. (1) When a grantor in an absolute deed at the same time takes from the grantee a written contract giving the former a certain length of time in which to redeem the premises by paying the amount of the debt or consideration of the deed, and binding the latter to reconvey on such redemption, the two papers together constitute a mortgage. Book v. Beasly, 138 Mo. 455; Bobb v. Wolff, 148 Mo. 335; Chance v. Jennings, 159 Mo. 554; Reily v. Cullen, 159 Mo. 330; Shields v. Russell, 142 N. Y: 290; Turner v. Wilkinson, 72 Ala.…
1Opinion of the CourtLamm, P. J.
Cast on demurrer to Ms amended bill and refusing to plead over, judgment went against Mm and plaintiff appeals.
On November-19, 1904, plaintiff brougM Ms suit in equity, tbe object and general nature of wbicb was to recover damages for tbe sale of certain real estate in alleged violation of an alleged agreement and for an accounting of rents and profits, etc. It is not necessary to reproduce tbe bill — a synopsis will serve, vis.:
It is charged that on December 6, 1897, plaintiff, a resident of St. Louis, owned a certain lot in East St. Louis, Illinois, an opera house and the appurtenant…
2Cases cited16 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Green v. CovillaudCalifornia Supreme Court · 1858
- Slowey v. McMurraySupreme Court of Missouri · 1858
- Riggs v. MyersSupreme Court of Missouri · 1855
- Bobb v. WolffSupreme Court of Missouri · 1899
11 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Paisley v. LucasSupreme Court of Missouri · 1940
- Diener v. Star-Chronicle Publishing Co.Supreme Court of Missouri · 1910
- Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
- Chouteau v. City of St. LouisSupreme Court of Missouri · 1932
- Cantwell v. JohnsonSupreme Court of Missouri · 1911
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