Book v. Beasly
Supreme Court of Missouri
Appeal from Holt Circuit Court. — Hon. C. A. Anthony, Judge. (1) The defendant, alleging the deed to be a mortgage only, must make strict, clear, satisfactory, and convincing proof that it was a mortgage, .and that it was not an absolute or conditional conveyance. 1 Jones on Mort., secs. 335, 262, 267, 272; 1 Green-leaf Ev., secs. 45, 97, 200; Bingo v. Bichardson, 53 Mo. 394; Worley v. Dry den and cases cited, 57 Mo. 226; O’Neil v. Capelle, 62 Mo. 203; Schradskiv.
Read the full summary
Appeal from Holt Circuit Court. — Hon. C. A. Anthony, Judge. (1) The defendant, alleging the deed to be a mortgage only, must make strict, clear, satisfactory, and convincing proof that it was a mortgage, .and that it was not an absolute or conditional conveyance. 1 Jones on Mort., secs. 335, 262, 267, 272; 1 Green-leaf Ev., secs. 45, 97, 200; Bingo v. Bichardson, 53 Mo. 394; Worley v. Dry den and cases cited, 57 Mo. 226; O’Neil v. Capelle, 62 Mo. 203; Schradskiv. Albright, 93 Mo. 43; Kirby v. Harsh, 16 N. W. Rep. 86; McCormick v. Herndon, 31 N. W; Rep. 303; Sloan v. Becker, 26 N. W. Rep.…
1Opinion of the CourtQ-antt, P. J.
This suit was commenced as an action of ejectment for a dwelling house and a small tract of land of about one and one half acres near by Tarkio river and on the public road and being a part of lot 6, southeast quarter of section 32, township 61, range 39, in Holt county, Missouri. The answer was a general denial and equitable defense praying for an accounting and for affirmative relief. In short it admitted that said defendant was in possession of the said house, tract of land, and appurtenances, and alleged ownership and right of possession thereto, and also, as a further and equitable…
2Cases cited4 opinions
- Hargadine v. HendersonSupreme Court of Missouri · 1888
- O'Neill v. CapelleSupreme Court of Missouri · 1876
- Cobb v. DaySupreme Court of Missouri · 1891
- Franklin v. AyerSupreme Court of Florida · 1886
3Cited by14 opinions
- Bobb v. WolffSupreme Court of Missouri · 1899
- Reilly v. CullenSupreme Court of Missouri · 1900
- Williamson v. FrazeeSupreme Court of Missouri · 1922
- Jones v. JonesSouth Dakota Supreme Court · 1906
- Brightwell v. McAfeeSupreme Court of Missouri · 1913
9 more not listed; retrieve them via the Exa API.