Knollenberg v. Nixon
Missouri Court of Appeals
Appeal from Laclede Circuit Court. — No». L. B. Wood-side, Judge. (1) Tender of the debt and interest secured by deed of trust, though made after .default, releases the mortgage lien. Farmers’ Fire and Loan Co. v. Edward, 26 Wend. 541; Kortright v. Cady, 21 N. T. 343; Thornton v. Bank, 71 Mo. 221; State ex rel. v. Ross, 136 Mo. 259; Phillips v. Bailey, 82 Mo. 639; 4 Kent’s Com.
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Appeal from Laclede Circuit Court. — No». L. B. Wood-side, Judge. (1) Tender of the debt and interest secured by deed of trust, though made after .default, releases the mortgage lien. Farmers’ Fire and Loan Co. v. Edward, 26 Wend. 541; Kortright v. Cady, 21 N. T. 343; Thornton v. Bank, 71 Mo. 221; State ex rel. v. Ross, 136 Mo. 259; Phillips v. Bailey, 82 Mo. 639; 4 Kent’s Com. (10 Ed.), 228; McClung v. Trust Co., 137 Mo. 106. (2) Plaintiff was not bound to bring the money into court. The proposition would doubtless be a correct one in an action at law to recover a debt, but it is not…
1Opinion of the CourtBurgess, J.
On April 8, 1892, one Clara B. Hoagland was the owner of the northwest quarter of the northwest quarter of section eleven, in township thirty-three, range sixteen, in Laclede county, at which time she was indebted to one Augustus Craemer in the sum of two hundred dollars, evidenced by her three promissory notes of that date, one for the sum of fifty dollars, due January 1, 1893, one for the sum of fifty dollars, due August 1, 1893, and one for one hundred dollars, due January 1,1894, all bearing interest at the rate of eight per cent per annum from date. And for the purpose of securing the…
2Cases cited18 opinions
- Tuthill v. . MorrisNew York Court of Appeals · 1880
- Caruthers v. HumphreyMichigan Supreme Court · 1864
- Moynahan v. MooreMichigan Supreme Court · 1860
- Landis v. SaxtonSupreme Court of Missouri · 1886
- Potts v. PlaistedMichigan Supreme Court · 1874
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3Cited by8 opinions
- Willis v. American National Life Insurance Co.Missouri Court of Appeals · 1956
- Mendell v. HowardMissouri Court of Appeals · 1918
- Sanders v. MosbargerMissouri Court of Appeals · 1911
- Andrews v. Bank of Buchanan CountyMissouri Court of Appeals · 1921
- Gandrud v. BremerSupreme Court of Minnesota · 1945
3 more not listed; retrieve them via the Exa API.