Riley's Administrator v. McCord's Administrator
Supreme Court of Missouri
Error to Callaway Circuit Court. Scire facias sued out by the administrator of the mortgagee in 1854, to revive a judgment of foreclosure rendered in 1848, and to compel the administrator of the mortgagor to show cause why the mortgaged land should not be sold to satisfy the judgment. ' The scire facias recited that both the mortgagor and mortgagee had died since the rendition of the judgment, and that the mortgagor had parted with all his interest in the land before his…
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Error to Callaway Circuit Court. Scire facias sued out by the administrator of the mortgagee in 1854, to revive a judgment of foreclosure rendered in 1848, and to compel the administrator of the mortgagor to show cause why the mortgaged land should not be sold to satisfy the judgment. ' The scire facias recited that both the mortgagor and mortgagee had died since the rendition of the judgment, and that the mortgagor had parted with all his interest in the land before his death. The writ was demurred to,'and two causes of demurrer assigned, 1st, that the heirs of the mortgagor and mortgagee…
1Opinion of the CourtScott, Judge
1. The question in this case is, whether the lien of a mortgage is merged in a judgment obtained in a proceeding under the statute to foreclose the mortgage. If the lien of the mortgage is extinguished by the judgment, the mortgagee is in a dangerous situation, such a one as would induce many mortgagees to forego the remedy provided by the statute; for the mortgage lien being extinguished by the lien of the judgment, obtained in the suit for a foreclosure, and the lien of the judgment taking effect from its rendition, if judgments should have been previously rendered against the mortgagor in…
2Cited by8 opinions
- Evansville Gas-Light Co. v. State ex rel. ReitzIndiana Supreme Court · 1881
- Boyd v. EllisSupreme Court of Missouri · 1891
- Copeland v. Yoakum's Adm'rSupreme Court of Missouri · 1866
- Tierney v. SpivaSupreme Court of Missouri · 1888
- Board of Trustees of Westminster College v. FrySupreme Court of Missouri · 1905
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