Bailey v. St. Louis Union Trust Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Ho». Selden P. Spencer, Judge. (1) To determine ■whether a transaction is a conditional sale or a mortgage, the court will look not only to the deeds and writings, but to all the circumstances of the contract, to ascertain the real intention of the parties.
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Appeal from St. Louis City Circuit Court. — Ho». Selden P. Spencer, Judge. (1) To determine ■whether a transaction is a conditional sale or a mortgage, the court will look not only to the deeds and writings, but to all the circumstances of the contract, to ascertain the real intention of the parties. Brant v. Robertson, 16 Mo. 129 ; Tibeau v. Tibeau, 22 Mo. 77; Cobb v. Day, 106 Mo. 278; Kraemer v. Adelsberger, 122 F. Y. 467; Locke’s Extr. v. Palmer, 26 Ala. 312; Wing v. Cooper, 37 Yt. 169; Yoss v. Eller, 109 Ind. 260. (2) The fact that the defeasance relied on in this case was not executed…
1Opinion of the CourtBrace, P. J.
- This is an appeal by the plaintiffs, in a suit in equity, from a judgment of the St. Louis City Circuit Court dismissing the bill at their cost at the close of their evidence. The plaintiffs are David Bailey and his wife, Mary Hunt Bailey. The substantive facts disclosed by the plaintiffs’ evidence are as follows:
Prior to the 11th of December, 1897, the said David Bailey was the owner of five lots in the city of St. Louis, encumbered by two deeds of trust theretofore duly executed and acknowledged by him and his wife, and duly recorded; one for $35,000, dated December 20, 1892, and the…
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