Hughes v. Winkleman
Supreme Court of Missouri
Appeal from Clark Circuit Court. — Ron. Charles D. Stewart, Judge. (1) The contract being a note payable in Iowa and the parties residing there and a mortgage securthe same on land in Missouri, the entire contract, including the right of the parties thereunder, is governed by the laws of Iowa at the time the contracts were made and entered into in said State — the law with which the parties were familiar and by which they are presumed to be governed.
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Appeal from Clark Circuit Court. — Ron. Charles D. Stewart, Judge. (1) The contract being a note payable in Iowa and the parties residing there and a mortgage securthe same on land in Missouri, the entire contract, including the right of the parties thereunder, is governed by the laws of Iowa at the time the contracts were made and entered into in said State — the law with which the parties were familiar and by which they are presumed to be governed. Thurston v. Rosenfield, 42 474; Ins. Co. v. Simmons, 52 Mo. App. 358; Bent-v. Whittemore, 19 N. J. Eq. 462; Hazelett v. Wood-150 Mo. 543; Bryan…
1Opinion of the CourtLamm, J.
Equity. Plaintiffs’ ancestor, Amanda T. Hughes, sued in the Clark Circuit Court to set aside a judicial sale following the foreclosure of a mortgage on, say, 1300 acres of land in Clark county, Missouri, and to redeem. Cast below, she appealed. Pending appeal she dies, leaving plaintiffs as her only heirs. On suggestion of her death here the cause is-revived in their names. They enter their appearance and prosecute this appeal.
In November, 1904, Amanda T. Hughes (with two of the present plaintiffs) executed a note to defendant bank in the rise of $8500, due in a year and drawing seven per…
2Cases cited4 opinions
- Parker v. DacresSupreme Court of the United States · 1889
- Thurston v. RosenfieldSupreme Court of Missouri · 1868
- Littler v. People ex rel. HargadineIllinois Supreme Court · 1867
- State v. ClarkSupreme Court of Missouri · 1903
3Cited by8 opinions
- Maryland v. CoardSupreme Court of Virginia · 1940
- Redick v. M. B. Thomas Auto Sales, Inc.Supreme Court of Missouri · 1954
- O'Leary Ex Rel. O'Leary v. Illinois Terminal RailroadSupreme Court of Missouri · 1957
- Vahldick v. VahldickSupreme Court of Missouri · 1915
- Sims v. JonesSupreme Court of Georgia · 1924
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