Linville v. Savage
Supreme Court of Missouri
Appeal from Shelby Circuit Court. I. When the several debts passed into the hands of third, persons, they should be paid in the order in which they respectively become due. (Mitchell vs. Ladew, 36 Mo., 526; Mason vs. Barnard, 36 Mo., 384; Thompson vs. Field, 38 Mo., 320; Ellis vs. Lamme, 42 Mo., 153; Hunk vs. ErskinC, 45 Mo., 484; Matthews vs. Switzer, 46 Mo., 301.) II.
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Appeal from Shelby Circuit Court. I. When the several debts passed into the hands of third, persons, they should be paid in the order in which they respectively become due. (Mitchell vs. Ladew, 36 Mo., 526; Mason vs. Barnard, 36 Mo., 384; Thompson vs. Field, 38 Mo., 320; Ellis vs. Lamme, 42 Mo., 153; Hunk vs. ErskinC, 45 Mo., 484; Matthews vs. Switzer, 46 Mo., 301.) II. The alleged agreement between Alkire and Savage, that Martin’s deed of trust should have precedence over the other was simply void. It could neither qualify, alter or modify the legal effect of the written instruments. (Jones…
1Opinion of the CourtNapton, Judge
The petition in this case, which was filed in Oct., 1870, had for its object a judgment upon two notes given by Savage, one of the defendants, to Alkire, another defendant, and ' the foreclosure of a mortgage or deed of trust given by Savage to secure, these notes. Martin was made a party defendant because he also held, a mortgage or deed of trust on the same land, and Hatcher, the other defendant, was the trustee in both deeds.
A very elaborate and detailed statement of the facts in this case, about which there is scarcely any controversy, is contained in the finding of the court, which…
2Cases cited1 opinion
- Morris v. PateSupreme Court of Missouri · 1861
3Cited by17 opinions
- Logan v. SmithSupreme Court of Missouri · 1876
- Orrick v. DurhamSupreme Court of Missouri · 1883
- Loewen v. ForseeSupreme Court of Missouri · 1897
- Rogers v. TuckerSupreme Court of Missouri · 1887
- Truesdale v. BrennanSupreme Court of Missouri · 1900
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