Bollinger v. Chouteau
Supreme Court of Missouri
Jlppeal from Jefferson Circuit Court. Tbe case is stated in tbe opinion of the court. It was orally argued by Mr. Noell and Mr. Fox, for appellants, and Mr. Polk and Mr. Whittelsey, for respondents. made tbe following points ; 1. Tbe proceedings of foreclosure set up by-defendants as a bar to the redemption demanded by plaintiffs were void, because Jacob Bollinger, who was made defendant, was then dead, and the suit should have been instituted against bis heirs.
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Jlppeal from Jefferson Circuit Court. Tbe case is stated in tbe opinion of the court. It was orally argued by Mr. Noell and Mr. Fox, for appellants, and Mr. Polk and Mr. Whittelsey, for respondents. made tbe following points ; 1. Tbe proceedings of foreclosure set up by-defendants as a bar to the redemption demanded by plaintiffs were void, because Jacob Bollinger, who was made defendant, was then dead, and the suit should have been instituted against bis heirs. (Act of 1807, tit. Mortgage. Russell v. Mullan-phffs heirs, 4 Mo. Rep. 829-30. 2 Summer’s C. C. R. 401. 12 Mo. Rep. 60B.) 2. The…
1Opinion of the CourtRyland, Judge
This is a petition by the heirs of Jacob Bollinger to be permitted to redeem a tract of land purchased by their ancestor of Chouteau and Soulard, and for which said Chouteau and Sou-lard executed their deed to said Jacob Bollinger; and after-wards, on the same day, the said Bollinger, having given his notes for the purchase money, executed the mortgage in question on the same land, in order to secure the payment of the purchase money to the said grantors, Chouteau and Soulard. The purchase was made and deed executed, and mortgage and notes given in March, 1817. The notes falling due at…
2Cited by20 opinions
- State ex rel. Potter v. RileySupreme Court of Missouri · 1909
- Williams v. HudsonSupreme Court of Missouri · 1887
- Jaicks v. SullivanSupreme Court of Missouri · 1895
- Graves v. EwartSupreme Court of Missouri · 1889
- Crosley v. HuttonSupreme Court of Missouri · 1889
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