Atkinson v. Stewart
Supreme Court of Missouri
Appeal from Sixth District Court. I. Where the purchaser'of an equity of redemption pays an outstanding mortgage, made by his grantor, in which his wife had released dower, the mortgage will not be deemed to be merged.
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Appeal from Sixth District Court. I. Where the purchaser'of an equity of redemption pays an outstanding mortgage, made by his grantor, in which his wife had released dower, the mortgage will not be deemed to be merged. And where one of several persons interested in a mortgaged estate redeems it by paying the whole debt, he does not thereby relieve the other portions of the estate from the charge, but becomes an equitable assignee of the mortgage as to these parties, and may hold, as mortgagee, until the respective owners thereof shall contribute pro rata toward the mortgage-debt, according to…
1Opinion of the CourtWagner, Judge
This action was brought by the respondent for the purpose of obtaining dower in a tract of land of which her husband was seized and possessed in his lifetime. The record discloses that in 1847 John Atkinson, the deceased husband, purchased the land in controversy of Greorge Collier, and, to secure the payment of the purchase, money, he executed a mortgage on the premises conveyed. In 1855 Atkinson intermarried with the respondent, and in 1857 he made and executed a deed of trust to Francis Yosti, as trustee, to secure the payment of the same debt to Collier’s executors. In this deed of trust…
2Cases cited1 opinion
- Jones v. BraggSupreme Court of Missouri · 1863
3Cited by7 opinions
- Ashley v. CookSupreme Court of Georgia · 1900
- McMahon v. RussellSupreme Court of Florida · 1880
- Holt v. HanleySupreme Court of Missouri · 1912
- Bank v. DudleyWest Virginia Supreme Court · 1915
- Casteel v. PotterSupreme Court of Missouri · 1903
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