Mead & Beekman v. Knox
Supreme Court of Missouri
APPEAL FROM ST. LOUIS CIRCUIT COURT. 1st. That though the transaction mentioned in the pleadings, may appear upon its face in the assumed character of an absolute sale, yet the testimony proves that at the time it was intended by the parties, and was merely a mortgage for the security of advances made by the defendant, and the court will so treat it, it being a question of fraud. 2d.
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APPEAL FROM ST. LOUIS CIRCUIT COURT. 1st. That though the transaction mentioned in the pleadings, may appear upon its face in the assumed character of an absolute sale, yet the testimony proves that at the time it was intended by the parties, and was merely a mortgage for the security of advances made by the defendant, and the court will so treat it, it being a question of fraud. 2d. That the. paper purporting to be signed by one of the complainants, giving the transaction another and different character from that asserted in the bill, cannot be viewed by this court in its weight of…
1Opinion of the Court
Napton judge,
delivered the opinion of the court.
This was a bill in chancery to compel a re-assignment of a leasehold interest in St. Louis lots, assigned by the complainants to the defendants.
The complainants were partners in purchasing a'leasehold interest in a lot of ground in St. Louis, and in erecting buildings thereon. Becoming embarrassed in the progress of their buildings, they "applied to the defendant Knox for assistance. Knox made several advances to them, endorsed their notes, and they finally executed to him an assignment of the lease. This assignment was absolute on its face, but…
2Cited by4 opinions
- Newham v. KentonSupreme Court of Missouri · 1883
- Phillips v. JacksonSupreme Court of Missouri · 1912
- McLure v. National Bank of Commerce of St. LouisSupreme Court of Missouri · 1913
- Spindle v. HydeSupreme Court of Missouri · 1912