Laine v. Francis
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer, J. After a foreclosure of a mortgage an action may be brought on the secured note or bond for any remainder due. — Newaly. Wright, 3 Mass. 150; Amory v. Fairbanks, 3 Mass. 562 ; Westv.
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Appeal from the St. Louis Circuit Court, Thayer, J. After a foreclosure of a mortgage an action may be brought on the secured note or bond for any remainder due. — Newaly. Wright, 3 Mass. 150; Amory v. Fairbanks, 3 Mass. 562 ; Westv. Ghamberlain, 8 Pick. 336 ; Jones onMort., sect. 950 ; Standish v. Vosberg, 27 Minn. 175. A second action may be brought upon a bond for a breach thereof not included in the former suit. — The State v. Morton, 18 Mo. 53. A foreclosure of a mortgage will not prevent a subsequent foreclosure of a contemporaneous mortgage on the same property. — Watkins v. Hackett,…
1Opinion of the CourtThompson, J.
The question which arises upon this record is presented by a demurrer to the answer, and it is this: Whether a party who holds the promissory note of a married woman, and has brought an action upon such note to charge a portion of her separate estate in respect thereof, and has prosecuted such action to judgment, and has, in pursuance of such judgment, caused such portion of the married woman’s separate estate to be sold under a special execution, can, in case such portion of the married woman’s separate estate does not at such sale bring enough money to satisfy his special judgment,…
2Cases cited13 opinions
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Union Railroad & Transportation Co. v. TraubeSupreme Court of Missouri · 1875
- Mascarel v. RaffourCalifornia Supreme Court · 1876
- Wagner v. JacobySupreme Court of Missouri · 1858
- Corby v. TaylorSupreme Court of Missouri · 1865
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3Cited by8 opinions
- Steiglider v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
- Colquett v. WilliamsSupreme Court of Alabama · 1959
- Kelley v. City of Cape GirardeauMissouri Court of Appeals · 1933
- Leet v. GratzMissouri Court of Appeals · 1907
- Hill v. Chowning, Scott & Co.Missouri Court of Appeals · 1902
3 more not listed; retrieve them via the Exa API.