Swon v. Stevens
Supreme Court of Missouri
Appeal from Callaway Circuit Court. — Hon. John A. Hockaday, Judge. (1) The contract between appellant and respondent to extend the time for the payment of certain debts and for the foreclosing of deeds of trust securing the same for a period of five years, was, for a valid consideration, legal and binding on the parties thereto. 2 Jones on Mort. [5 Ed.], secs. 1190, 1191; Ins.
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Appeal from Callaway Circuit Court. — Hon. John A. Hockaday, Judge. (1) The contract between appellant and respondent to extend the time for the payment of certain debts and for the foreclosing of deeds of trust securing the same for a period of five years, was, for a valid consideration, legal and binding on the parties thereto. 2 Jones on Mort. [5 Ed.], secs. 1190, 1191; Ins. Co. v. Bonnell, 35 Ohio St. 365; Thompkins v. Thompkins, 21 N. J. Eq. 338; West v. Brison, 99 Mo. 684; Semple v. Atkinson, 64 Mo. 504. (2) Said contract does not come within the purview of the statutes of frauds and…
1Opinion of the CourtUantt, P. J.
This is an action of ejectment for the northwest quarter of the northeast quarter; ten acres, the north part of the southwest quarter of the northeast quarter (said tract extending across said southwest fourth northeast quarter); and thirty acres, the south part of the northwest quarter of the southeast quarter (north line parallel with south line of said northwest quarter of the southeast quarter), all in section 5, township 49, range 8, Callaway county. Ouster was laid March 2, 1895. The answer was as follows:
“Now on this day comes the defendant in the above entitled cause and for answer to…
2Cases cited10 opinions
- Whelan v. ReillySupreme Court of Missouri · 1876
- Benne v. SchneckoSupreme Court of Missouri · 1889
- Mathias v. O'NeillSupreme Court of Missouri · 1887
- Allen v. LoganSupreme Court of Missouri · 1888
- Carter v. PriorSupreme Court of Missouri · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Mathews v. SniggsSupreme Court of Oklahoma · 1919
- Spires v. LawlessMissouri Court of Appeals · 1973
- Lincoln Trust Co. v. NathanSupreme Court of Missouri · 1903
- Betzler v. JamesSupreme Court of Missouri · 1910
- Dunn v. McCoySupreme Court of Missouri · 1899
8 more not listed; retrieve them via the Exa API.