Miles v. Davis
Supreme Court of Missouri
Error to Lewis Circuit Court. This was an action of ejectment begun in Marion county, and taken by change of venue to the Circuit Court of Lewis county.
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Error to Lewis Circuit Court. This was an action of ejectment begun in Marion county, and taken by change of venue to the Circuit Court of Lewis county. Both parties claimed title under Ezra S. Ely, as follows : On the 5th of January, .1838, Ezra S. Ely, of Philadelphia, being largely indebted to his wards, Mary Ann Carswell (the wife of plaintiff) and the children of one Brady, conveyed the property in controversy, together with other real and personal property, to Margaret Carswell and Samuel McClellan. This deed recited the indebtedness of the grantor to his wards, described the property…
1Opinion of the CourtGamble, Judge
The instrument executed by Ely, in January, 1838, conveyed the property to Carswell & McClellan, in trust to secure *412the payment of debts admitted to be due to his wards, Mary Ann Carswell and the children of Brady. No power or direction is given in the deed to the trustees, in the event of the failure of Ely to pay the debts at the time specified in the deed. A condition is annexed to the conveyance that, if the money is paid to the wards within five years from its date, the conveyance shall be void. This instrument was treated by the parties and proceeded upon as a mortgage. A petition was…
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