Sutton v. Mason
Supreme Court of Missouri
Error to St. Louis Land Court. I. A deed absolute on its face, but given as a security for money, is a mortgage — 1 Lorn. Real Prop. 315; 1 Pow. Mort. 116 ; 7 J. Oh. 41; Clark v. Henry, 2 Cow. 332; 22 Mo. 77; 2 Sum. 531; 16 Mo. 129, 143 ; 21 Mo. 329; 1 How. 118 & 126. Parol evidence admissible — 1 Pow. Mort. 120, n. 2; 14 Wend. 66. II. Ejectment may be maintained on sheriff’s deed of mortgagor’s interest against mortgagor.
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Error to St. Louis Land Court. I. A deed absolute on its face, but given as a security for money, is a mortgage — 1 Lorn. Real Prop. 315; 1 Pow. Mort. 116 ; 7 J. Oh. 41; Clark v. Henry, 2 Cow. 332; 22 Mo. 77; 2 Sum. 531; 16 Mo. 129, 143 ; 21 Mo. 329; 1 How. 118 & 126. Parol evidence admissible — 1 Pow. Mort. 120, n. 2; 14 Wend. 66. II. Ejectment may be maintained on sheriff’s deed of mortgagor’s interest against mortgagor. The mortgagor is the legal owner of the land — 2 B. Mon. 63; 28 Mo. 142 & 145; 38 Mo. 71. III. If the defendant be what he pretends to be — that is, a mortgagor-'-he would…
1Opinion of the CourtWagner, Judge
Upon the trial of this cause in the court below, much testimony was permitted to be introduced which was not pertinent to the issue made by the pleadings.
The action was ejectment; the respondent claiming title by virtue of an absolute deed in fee simple made to him by the appellant several years ago. The appellant denied that respondent was entitled to the possession of the premises, and set up that although the deed of conveyance was absolute on its face, yet it was intended by the parties as a mortgage. The issue was submitted to a jury, who found for the respondent, and judgment was given…
2Cases cited1 opinion
- Walcop & Griswold v. McKinney's HeirsSupreme Court of Missouri · 1846
3Cited by6 opinions
- Schanewerk v. HoberechtSupreme Court of Missouri · 1893
- Bailey v. WinnSupreme Court of Missouri · 1890
- Johnson v. HoustonSupreme Court of Missouri · 1871
- McCormick v. FitzmorrisSupreme Court of Missouri · 1866
- In re MayfieldMissouri Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.