Blackburn v. Tweedie
Supreme Court of Missouri
Appeal from Carroll Circuit Court. I. If it may be implied from a written agreement, that the laud is to be chargeable with, or security for a debt, it amounts to an equitable mortgage,(2 Sto. Eq. Jur., § 1020,1 Hil. Mortg. 647, § 1; Chase vs. Peck, 21 N. Y., 583 ; Neil. Eq. Mortg., 218, n.; Ad. Eq., 313 & n.; Bussell vs. Bussell, 1 Lead. Cas. Eq.. 2 Am. Ed., 499, and authorities cited at the, end of note,) and the mortgage may arise without a deed or special contract.
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Appeal from Carroll Circuit Court. I. If it may be implied from a written agreement, that the laud is to be chargeable with, or security for a debt, it amounts to an equitable mortgage,(2 Sto. Eq. Jur., § 1020,1 Hil. Mortg. 647, § 1; Chase vs. Peck, 21 N. Y., 583 ; Neil. Eq. Mortg., 218, n.; Ad. Eq., 313 & n.; Bussell vs. Bussell, 1 Lead. Cas. Eq.. 2 Am. Ed., 499, and authorities cited at the, end of note,) and the mortgage may arise without a deed or special contract. (4 Kent. Com., 11 Ed., 164.) I. The instrument does not constitute an equitable mortgage. It neither confers a lien nor…
1Opinion of the CourtWagner, Judge
This was an action of ejectment in the ordinary form to recover possession of certain lands described in the petition.
In addition to a denial of the averments in the petition, the answer set up'an equitable defense'and claimed that defendant went into possession of the premises, under a written agreement made with one John Tweedie who was plaintiff’s grantor and owned the lands at the 'time, and that by that agreement, defendant was to retain possession till John Tweedie sold the same and paid him the sum of nine hundred dollars, and that he was to have the use of the lands in lien of…
2Cases cited1 opinion
- McQuie v. PeaySupreme Court of Missouri · 1874
3Cited by8 opinions
- Bevin v. PowellMissouri Court of Appeals · 1881
- Brown v. DresslerSupreme Court of Missouri · 1894
- Pike v. MartindaleSupreme Court of Missouri · 1886
- Bell v. PeltSupreme Court of Arkansas · 1888
- Margarum v. J. S. Christie Orange Co.Supreme Court of Florida · 1896
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