Davis v. Briscoe
Supreme Court of Missouri
Appeal from Johnson Circuit Court.—TIon.Noah M. Givan, Judge. The deeds from Cockrell to Tapscott, although absolute in form, were in their nature mortgages to secure antecedent indebtedness. ' Oneille v. Capelle, 62 Mo. 202 ; lb., 235 ; Burrill on Assg., (Ed. 1877) § 4, p. 8, and authorities there cited. Mortgagees under mortgages, given simply to secure the payment of antecedent debts, are not bona fide purchasers for a valuable consideration.
Read the full summary
Appeal from Johnson Circuit Court.—TIon.Noah M. Givan, Judge. The deeds from Cockrell to Tapscott, although absolute in form, were in their nature mortgages to secure antecedent indebtedness. ' Oneille v. Capelle, 62 Mo. 202 ; lb., 235 ; Burrill on Assg., (Ed. 1877) § 4, p. 8, and authorities there cited. Mortgagees under mortgages, given simply to secure the payment of antecedent debts, are not bona fide purchasers for a valuable consideration. Alexander v. Caldwell, 55 Ala. 517; Johnson v. Graves, 27 Ark. 557; Cary v. White, 52 N. Y. 138; Clark v. Flint, 22 Peck. 231; Ashton’s Appeal, 73…
1Opinion of the Court
Philips, C.
This is an action of ejectment in the usual form, to recover the possession'of the north half of the northeast quarter of the southeast quarter of section 7, township 46, range 27, in Johnson county. The answer, after admitting possession and tendering the general issue, as to the other allegations of the petition, pleaded that on, and prior to the 30th day of July, 1868, J. V. Cockrell was the owner in fee of the land in question, when he conveyed the same by quit-claim deed to one Moses Tapscott, of said county, for the expressed consideration of $500. That afterward, on the 25th…
2Cases cited1 opinion
- Bartlett v. GlascockSupreme Court of Missouri · 1835
3Cited by13 opinions
- Shaffer v. DetieSupreme Court of Missouri · 1905
- Wilcox v. PhillipsSupreme Court of Missouri · 1914
- Whitaker v. WhitakerSupreme Court of Missouri · 1903
- Adams v. GossomSupreme Court of Missouri · 1910
- Board of Trustees of Westminster College v. PeirsolSupreme Court of Missouri · 1901
8 more not listed; retrieve them via the Exa API.