State v. Munsen
Missouri Court of Appeals
Appeal from the St. Louis Court of Criminal Correction. Hon. David Murphy, Judge. In civil law, when the mortgagee gives verbal permission to the mortgagor to sell the mortgaged property, he thereby releases his lien. Coffman v. Walton, 50 Mo. App. 404; Gage v. Whittier, 17 N. H. 312; Pratt v. Maynard, 116 Mass. 388; 2 Cobby on Chat. Mort., secs. 637, 686; Jones on Chat.
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Appeal from the St. Louis Court of Criminal Correction. Hon. David Murphy, Judge. In civil law, when the mortgagee gives verbal permission to the mortgagor to sell the mortgaged property, he thereby releases his lien. Coffman v. Walton, 50 Mo. App. 404; Gage v. Whittier, 17 N. H. 312; Pratt v. Maynard, 116 Mass. 388; 2 Cobby on Chat. Mort., secs. 637, 686; Jones on Chat. Mort., sec. 456; Carter v. Fately, 67 Ind. 427. The specific charge contained in the information, placed against defendant, enlarges the provisions of the statute. Such a charge so comprehensively worded, is unknown to the…
1Opinion of the CourtBiggs, J.
The defendant was convicted of selling mortgaged property (R. S. 1889, sec. 3570). She has appealed and assigns as grounds for the reversal of the judgment that the information is fatally defective, and that the trial court committed error in rejecting competent testimony offered by her.
^jaged property sufflc™ncyn' The objections to the information are without merit. The contention that the information should state that the property was sold without the written consent of the mortgagor, is not tenable. The allegation is that the sale was made “without the consent,” etc. This was sufficient,…
2Cases cited2 opinions
- Coffman v. WaltonMissouri Court of Appeals · 1892
- State v. GrahamSupreme Court of Missouri · 1870
3Cited by1 opinion
- McClure v. StateTennessee Supreme Court · 1938