Davis v. Holmes
Supreme Court of Missouri
Appeal from Andrew Circuit Court. I: Plaintiffs had no right to redeem. The money due on the note and mortgage was paid. (Curtis Eq. Prac., 404; Thornton vs. Irwin, 43 Mo., 160, 161; Bollinger vs. Chouteau, 20 Mo., 89, 95; 4 Kent’s Com., 186 ; 4 John. Ch., 140-.) There was no application to redeem alleged in the -petition, nor proved on the trial, before the institution of the suit. (2 Hill. Mort., 58, § 18; 6 Am.
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Appeal from Andrew Circuit Court. I: Plaintiffs had no right to redeem. The money due on the note and mortgage was paid. (Curtis Eq. Prac., 404; Thornton vs. Irwin, 43 Mo., 160, 161; Bollinger vs. Chouteau, 20 Mo., 89, 95; 4 Kent’s Com., 186 ; 4 John. Ch., 140-.) There was no application to redeem alleged in the -petition, nor proved on the trial, before the institution of the suit. (2 Hill. Mort., 58, § 18; 6 Am. Law Reg., 508; 29 Me., 302.) An attempted sale by the mortgagor under a power in a mortgage by which no title to the premises passes, is an equitable assignment of the mortgage debt…
1Opinion of the CourtNafton, Judge
This proceeding was instituted by the heirs of Fleming Davis to have certain sales and deeds of land mortgaged by said Davis, which had been made by the mortgagee Elliott, set aside as void, and to allow a redemption of the land by the plaintiff. The purchaser at these sales — Holmes—was also made a defendant. A great number of fraudulent practices and conspiracies are charged in the petition without the slight*351est evidence to’sustain them. The result was, however, that the deeds to Holmes, the purchaser at the mortgagee’s sale, were declared void; one of them, because sufficient notice of the…
2Cited by5 opinions
- Philpott v. Missouri Pacific RailroadSupreme Court of Missouri · 1884
- Harding v. GillettSupreme Court of Oklahoma · 1909
- Hannah v. DavisSupreme Court of Missouri · 1892
- O'Fallon v. CloptonSupreme Court of Missouri · 1886
- Quinn Plumbing Co. Inc. v. New Miami Shores Corp.Supreme Court of Florida · 1930