McClurg v. Phillips
Supreme Court of Missouri
Appeal from Webster Circuit Court. I. Tlie instrument sued on is a good equitable mortgage, created a valid lieu on the land in question, and .can be enforced against the mortgagor and all subsequent purchasers having notice of its existence or contents. (McClurg vs. Phillips, 49 Mo., 315; Gill vs. Clark, 54 Mo., 415.) An equitable mortgage is a writing whereby the lands in question are “affected in equity.” (Wagn. Stat., 277, § 24.) II.
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Appeal from Webster Circuit Court. I. Tlie instrument sued on is a good equitable mortgage, created a valid lieu on the land in question, and .can be enforced against the mortgagor and all subsequent purchasers having notice of its existence or contents. (McClurg vs. Phillips, 49 Mo., 315; Gill vs. Clark, 54 Mo., 415.) An equitable mortgage is a writing whereby the lands in question are “affected in equity.” (Wagn. Stat., 277, § 24.) II. The same was properly acknowledged and recorded, and hence imparted notice. (Wagn. Stat., 277, § 25.) The recording of the unsealed mortgage is not notice,…
1Opinion of the CourtAdahs, Judge
This was an action in the nature of a bill in equity to foreclose an equitable mortgage. The mortgage was executed by the defendant, Phillips to the plaintiff, in the year 1860, to secure a promissory note which was given at the same time. *215The mortgage covered several tracts of land in Webster County, and was duly acknowledged and recorded in Webster County. It was in the shape of a legal mortgage in all respects, except that it was not under seal and had no scrawl affixed by way of seal.
In 1867, the defendant, Paul, purchased part of the mortgaged premises at execution sale against, the…
2Cited by6 opinions
- Parkinson v. CaplingerSupreme Court of Missouri · 1877
- Pullis v. Pullis Bros. Iron Co.Supreme Court of Missouri · 1900
- Bevin v. PowellMissouri Court of Appeals · 1881
- Harrington v. FortnerSupreme Court of Missouri · 1874
- Munson v. EnsorSupreme Court of Missouri · 1887
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