Sparks v. Brown
Missouri Court of Appeals
Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) The admission of parol evidence to contradict and vary the. express terms of the Brown mortgage in this action at law was erroneous, and in direct conflict with every adjudication on the question by the appellate courts of this state. Miller v. Dunlap, 22 Mo. App. 97; Jones v. Shepley, 90 Mo. 307; Ins.
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Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) The admission of parol evidence to contradict and vary the. express terms of the Brown mortgage in this action at law was erroneous, and in direct conflict with every adjudication on the question by the appellate courts of this state. Miller v. Dunlap, 22 Mo. App. 97; Jones v. Shepley, 90 Mo. 307; Ins. Go. v. Mowry, 6 Otto, 644; Corrigan v. Tier nay, 100 Mo. 276 ; Hogel v. Lindell, 10 Mo. 493 ; Montaney v. Rock, 10 Mo. 66 ; Kuntz v. Temple, 43 Mo. 71; Koehring v. Muemminghoff, 61 Mo. 403 ; 8 Cent. Law Jour., pp. 162,…
1Opinion of the CourtSmith, P. J.
The statement of this case reported in 33 Mo. App. 505, together with such references as we shall hereinafter make to the evidence and the instructions, when we come to consider the questions arising thereon, it is believed, will be found sufficient for the purposes of this case. The judgment on the former appeal having been reversed and the cause remanded, a second trial has been had resulting in a judgment for the defendant, from which the plaintiff now appeals.
I. The mortgage under which defendant Brown makes claim to the property in dispute recites that it was given to secure a note made…
2Cases cited28 opinions
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1890
- Koehring ex rel. Martin v. MuemminghoffSupreme Court of Missouri · 1875
- Greeley v. ReadingSupreme Court of Missouri · 1881
- Henderson v. Henderson's ExecutorsSupreme Court of Missouri · 1850
- Keith v. KeithSupreme Court of Missouri · 1888
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3Cited by6 opinions
- Martin-Perrin Mercantile Co. v. PerkinsMissouri Court of Appeals · 1895
- J. I. Case Plow Works v. J. A. Ross & Co.Missouri Court of Appeals · 1898
- Rogers v. GageMissouri Court of Appeals · 1894
- Williams v. AlnuttMissouri Court of Appeals · 1897
- Finks v. HathawayMissouri Court of Appeals · 1895
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