Ayres v. Heirs & Rep. of Shannon
Supreme Court of Missouri
The law on which the court below founded its decision is found in art. 3, sec. G and 7, Rev. Code of 1835, p. 51. It is insisted by the petitioner that this law is intended only for the direction of the administrator in the management of the estate of the deceased person, and that it is not intended to control the mortgagee in seeking his remedy.
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The law on which the court below founded its decision is found in art. 3, sec. G and 7, Rev. Code of 1835, p. 51. It is insisted by the petitioner that this law is intended only for the direction of the administrator in the management of the estate of the deceased person, and that it is not intended to control the mortgagee in seeking his remedy. This'law, in-fact, gives the mortgagee no remedy; it, merely provides for the sale of the equity of redemption, and the money received on such sale would of course go with the residue of the estate, and not be paid to the mortgagee at' all, who would…
1Opinion of the CourtEdwards, Judge
This was a petition filed against the heirs and representatives of George Shannon, deceased, to foreclose a mortgage of real estate lying in the county of Saint Charles. The petition sets forth the debt which the mortgage was given to secure, and sets forth the mortgage at full length, and prays that judgment may be rendered against the estate for the debt, and that the equity oí redemption of the fnortgaged premises may be foreclosed, and the mortgaged property sold to satisfy the amount due. A general demurrer was filed by'the defendant to this pétition, and was sustained by the court; and…
2Cited by1 opinion
- Chapman v. MerrittMissouri Court of Appeals · 1891