Hayes v. Schall
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. C. A. ' Mosman, Judge. (1) After condition is broken and possession is taken by a mortgagee, the mortgagor cannot maintain ejectment against the mortgagee or Ms assigns, unless the mortgage debt is first paid, so as to cancel the mortgage. Pease v. Iron Co., 49 Mo. 128 ; Johnson v. Houston, 47 Mo. 227. Nor can he obtain relief in a court of equity.
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Appeal from Buchanan Circuit Court. — Hon. C. A. ' Mosman, Judge. (1) After condition is broken and possession is taken by a mortgagee, the mortgagor cannot maintain ejectment against the mortgagee or Ms assigns, unless the mortgage debt is first paid, so as to cancel the mortgage. Pease v. Iron Co., 49 Mo. 128 ; Johnson v. Houston, 47 Mo. 227. Nor can he obtain relief in a court of equity. Kline v. Vogel, 90 Mo. 239. (2) A court of equity may refuse to grant relief against laches short of the statutory bar, when it would be inequitable. Kline v. Vogel, 90 Mo. 247; Kroening v. Goehri, 112 Mo.…
1Opinion of the CourtValliant, J.
— This is a suit to quiet title, under section 650, Revised Statutes 189-9. The land called for in the petition is- the. south half of lots 21, 22, 23 and 24, block 4, in St. Joseph Eastern Extension Addition.
Benjamin Fetzner is the common source of title. March 1, 1872, Fetzner executed a mortgage whereby he conveyed the lots in question to Louis Mentzel to secure him against his liability as indorser on two notes, one for $2000 due 90 days after March 1, 1872, the other for $600 due 90 days -after February 20, 1872, both bearing interest after maturity at ten per cent. Plaintiffs claim that…
2Cases cited3 opinions
- Pease v. Pilot Knob Iron Co.Supreme Court of Missouri · 1871
- Johnson v. HoustonSupreme Court of Missouri · 1871
- Fountain v. BookstaverIllinois Supreme Court · 1892
3Cited by8 opinions
- Lipscomb v. TalbottSupreme Court of Missouri · 1912
- Leland v. FordMichigan Supreme Court · 1929
- Cullen v. JohnsonSupreme Court of Missouri · 1930
- First National Bank of Cape Girardeau v. Socony Mobil Oil Co.Supreme Court of Missouri · 1973
- Bell v. GeorgeSupreme Court of Missouri · 1918
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