Hawkins v. Nowland
Supreme Court of Missouri
In this case it appears that the money received by defendant was less than the amount of the mortgage debt. Error to Buchanan Circuit Court. I. The judgment rendered is substantially a judgment against the plaintiff, Hawkins, and the judgment for costs should have followed the judgment upon the merits, and been in favor of defendant, Nowland, against Hawkins. (1 AY.
Read the full summary
In this case it appears that the money received by defendant was less than the amount of the mortgage debt. Error to Buchanan Circuit Court. I. The judgment rendered is substantially a judgment against the plaintiff, Hawkins, and the judgment for costs should have followed the judgment upon the merits, and been in favor of defendant, Nowland, against Hawkins. (1 AY. S., 343, §6.) ° I. Defendant admits his liability for the amount he received, and which he had not credited on the note held by him. The well known rule upon this point is, that in actions against trustees, they will always be…
1Opinion of the CourtAdams, Judge
This was an action in the nature of a bill in equity.
The petition charges, that the plaintiff mortgaged a tract of land to the defendant, to secure a debt; that the mortgage contained a power of sale, and that the defendant under this power, with a view to cheat and swindle the plaintiff, sold the property and had it bought in at a reduced price by an agent, for his benefit, and afterwards took a conveyance from the agent and resold the property at a greatly reduced price to an innocent purchaser. The petition then asks, that the defendant be compelled to account for, and pay to the…
2Cited by8 opinions
- Turner v. JohnsonSupreme Court of Missouri · 1888
- Friends of Frame Park, U.A. v. City of WaukeshaWisconsin Supreme Court · 2022
- Bender v. ZimmermanSupreme Court of Missouri · 1896
- Berry v. RoodSupreme Court of Missouri · 1910
- Guardian Savings Bank v. ReillyMissouri Court of Appeals · 1880
3 more not listed; retrieve them via the Exa API.