Reddick v. Gressman
Supreme Court of Missouri
Error to Andrew Circuit Court. Upon condition broken, the mortgagee may maintain ejectment for the possession of the mortgaged premises. (Tyler Eject. 169 ; Walcop et al. v. McKinney’s Heirs, 10 Mo. 229; Sutton v. Mason, 38 Mo. 120; 2 Washb. Real Prop. 226.) When a mortgage is given to secure the payment when due of several promissory notes falling due at different times, it may be foreclosed upon default in payment of the note first due.
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Error to Andrew Circuit Court. Upon condition broken, the mortgagee may maintain ejectment for the possession of the mortgaged premises. (Tyler Eject. 169 ; Walcop et al. v. McKinney’s Heirs, 10 Mo. 229; Sutton v. Mason, 38 Mo. 120; 2 Washb. Real Prop. 226.) When a mortgage is given to secure the payment when due of several promissory notes falling due at different times, it may be foreclosed upon default in payment of the note first due. (Hunt et al. v. Harding, 11 Ind. 245; The State Bank v. Tweedy, 8 Blackf. 447 ; Andrew v. Jones, 3 Blackf. 440 ; Smith et al. v. Shuler et al., 12 Serg. &…
1Opinion of the CourtWagner, Judge
Substantially the case is this: Plaintiff sold to defendant a certain tract of land and executed a conveyance therefor; the purchase-money was due in installments, and a mortgage was made on the same land to secure the payment thereof. The mortgage contained a power of sale authorizing the creditor, or the sheriff at his request, to sell the premises to satisfy the debt.
The main point in this case rests for its determination upon . the construction to be given to the condition in the mortgage, and it is as follows: “ If the said Gressman, his executor or administrator, shall pay the sum of…
2Cases cited6 opinions
- Thornton v. IrwinSupreme Court of Missouri · 1869
- Allen v. RansonSupreme Court of Missouri · 1869
- Hardy v. MatthewsSupreme Court of Missouri · 1866
- Buford v. SmithSupreme Court of Missouri · 1842
- Walcop & Griswold v. McKinney's HeirsSupreme Court of Missouri · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Wendover v. BakerSupreme Court of Missouri · 1894
- Connolly v. HammondTexas Supreme Court · 1879
- Holloway v. Dwelling-House InsuranceMissouri Court of Appeals · 1892
- Huggins Cracker & Candy Co. v. People's InsuranceMissouri Court of Appeals · 1890
- Gaines v. AllenSupreme Court of Missouri · 1875
9 more not listed; retrieve them via the Exa API.