Carr v. Waldron
Supreme Court of Missouri
Error to Fifth District Court. The mortgage referred to in the petition was the foundation of the action, and should have been filed with the petition in the cause. (Gen. Stat. 1865, p. 662, § 51; 37 Mo. 167 ; 38 Mo. 224.)
1Opinion of the CourtWagner, Judge
The amended petition contains two counts, stating in substance that one Beauchamp, by his certain mortgage, conveyed to the plaintiff and defendant in this suit, and several other persons therein named, a lot of notes and accounts, amounting to over $3,000, to secure the said parties on account of certain indebtedness ; that the land conveyed in the mortgage was sold, and did not pay off the debts; that plaintiff had paid two several bills of exchange for the mortgagor, and that the mortgagor was largely indebted to him. There is a further averment that defendant obtained and became possessor…
2Cases cited2 opinions
- Hallett & Davis v. HallettNew York Court of Chancery · 1829
- Dean v. ChamberlinThe Superior Court of New York City · 1857
3Cited by3 opinions
- Workman v. CampbellSupreme Court of Missouri · 1870
- Miller v. BoulwareSupreme Court of Missouri · 1916
- Eresch v. BraeckleinCourt of Appeals for the Tenth Circuit · 1943