Wheeler v. Ball
Missouri Court of Appeals
Appeal from Jasper Circuit Court, How. M. Gr. McGregor, Judge. Statement of case by the court. Appellant is the administratrix of the estate of E. P. Ball, deceased. I. É. G-arner, on April 1, 1876, was the owner of lot 584 in North Carthage, and executed a deed of trust upon said lot to M. Gr.
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Appeal from Jasper Circuit Court, How. M. Gr. McGregor, Judge. Statement of case by the court. Appellant is the administratrix of the estate of E. P. Ball, deceased. I. É. G-arner, on April 1, 1876, was the owner of lot 584 in North Carthage, and executed a deed of trust upon said lot to M. Gr. McGregor, trustee, to secure payment to McAfee & Phelps of two notes of said date of $122.50 each, due respectively in six and twelve months, with interest from date at the rate of ten per cent, per annum, the interest, if not paid when due, to become part of the principal and bear the same rate of…
1Opinion of the Court
Ellisoít, J.
It will b.e noticed that this claim or action is not based on the McAfee notes themselves, but is for money paid out by plaintiffs in extinguishing these notes. Ball’s liability to plaintiffs must arise either from his request to plaintiffs to pay for him his debt, or by reason of the obligations imposed by the title bond or deed, executed by his administrator. There is no pretense of any request from Ball to plaintiffs, and all liability in this action must, therefore, arise either on the bond or deed. I can see no reason and am not aware of any authority, for the position that *450ti…
2Cases cited3 opinions
- Howes v. BarkerNew York Supreme Court · 1808
- Carter v. BeckSupreme Court of Alabama · 1867
- Houghtaling v. LewisNew York Supreme Court · 1813
3Cited by2 opinions
- Barger v. HealySupreme Court of Missouri · 1918
- Smyth v. BoroffMissouri Court of Appeals · 1911