Lipscomb v. Talbott
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. W. A. Powell, Judge. (1) The deed of Talbott to White was absolute in form, but, as alleged by the bank in its answer and shown by unmistakable and uncontroverted evidence, made to secure the note sued on, without any claim or pretense of any extrinsic condition and is in law a mortgage.
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Appeal from Jackson Circuit Court. — Eon. W. A. Powell, Judge. (1) The deed of Talbott to White was absolute in form, but, as alleged by the bank in its answer and shown by unmistakable and uncontroverted evidence, made to secure the note sued on, without any claim or pretense of any extrinsic condition and is in law a mortgage. Wilson v. Drumorte, 21 Mo. 325; Langdon v. Buel, 9 Wend. 80; Swift v. Bank, 114 Fed. 644; Bank v. Bank, 203 U. S. 306; Carpenter v. Longam, 16 Wall. 271; 27 Cyc. 1287; Sheppard v. Wagner, 240 Mo. 439. (2) The sale of the Talbott note to plaintiff constituted an…
1Opinion of the CourtLamm, J.
This is a strange case. It no little illustrates the French saw: The unexpected always happens.
The suit is in equity to have a deed (absolute on its face) declared a mortgage, to foreclose the mortgage and for judgment on a note alleged to be secured by the mortgage.
Cast below on the merits by a decree granting affirmative relief to defendant bank, plaintiff appeals.
A summary of the pleadings will not be amiss, thus:
The bill alleges that defendant Talbott, being indebted to defendant bank, on September 3, 1890, executed to it his promissory note in a certain sum, which note (after certain…
2Cases cited26 opinions
- Carpenter v. LonganSupreme Court of the United States · 1873
- Langdon v. BuelNew York Supreme Court · 1832
- Harbeck v. . VanderbiltNew York Court of Appeals · 1859
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Butler v. LawsonSupreme Court of Missouri · 1880
21 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Baldwin v. MissouriSupreme Court of the United States · 1930
- Chandler v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
- R. L. Sweet Lumber Co. v. E. L. Lane, Inc.Supreme Court of Missouri · 1974
- Whiteaker v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1913
- EC Robinson Lumber Company v. LowreyMissouri Court of Appeals · 1955
27 more not listed; retrieve them via the Exa API.