Hower v. Erwin
Supreme Court of Missouri
Appeal from Crawford Circuit Court. — Hon. L. B. Woodside, Judge. (1) The note in suit, being dated June 2, 1884, and being due five years after date, did not mature .until June 2, 1889, and was not barred by limitation until June 2,1899, and the plaintiff could1 institute suit to foreclose the mortgage or deed of trust securing the note at any time within twenty years after the maturity of thefnote, and this suit being filed the 16th day of June, 1904, plaintiff’s cause of…
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Appeal from Crawford Circuit Court. — Hon. L. B. Woodside, Judge. (1) The note in suit, being dated June 2, 1884, and being due five years after date, did not mature .until June 2, 1889, and was not barred by limitation until June 2,1899, and the plaintiff could1 institute suit to foreclose the mortgage or deed of trust securing the note at any time within twenty years after the maturity of thefnote, and this suit being filed the 16th day of June, 1904, plaintiff’s cause of action was not barred by limitation. Little v. Reid, 75 Mo. App. 270; Stockton v. Teasdale, 115 Mo. App. 245; Bumgardner…
1Opinion of the CourtWoodson, J.
This case originated in the circuit court of Crawford county, and had for its purpose the foreclosure of a deed of trust, conveying certain lands lying in said county, executed by Henry A. Morrison, to N. V. Barlow, trustee, to secure his promissory note, dated June 2, 1884, for the sum of $4,1)00, with ten per cent interest, payable to James Bauer, due and payable five years after its date.
The answer Was a general denial, a plea of payment and the Statute of Limitations.
The reply was a denial of the new matter pleaded in the answer and the unconstitutionality of the statutes set up in bar.
*98A…
2Cases cited5 opinions
- Boatmen's Savings Bank v. GreweSupreme Court of Missouri · 1884
- Feld v. Roanoke Investment Co.Supreme Court of Missouri · 1894
- M'cCauley v. BradyMissouri Court of Appeals · 1907
- Bumgardner v. WealandSupreme Court of Missouri · 1906
- Stockton v. TeasdaleMissouri Court of Appeals · 1905
3Cited by4 opinions
- Johnston v. RaganSupreme Court of Missouri · 1915
- Berryman v. BeckerMissouri Court of Appeals · 1913
- Meyer v. RitterCourt of Appeals for the Eighth Circuit · 1920
- Hubbard v. DahlkeSupreme Court of Missouri · 1919