Legal Opinion

Werner v. Litzsinger

Missouri Court of Appeals

Decided May 5, 1891PublishedCited by 3 opinions

Appeal from the St. Louis County Circuit Court. Hon. W. W. Edwards, Judge. .

1Opinion of the CourtRombauer, P. J.

— -This is a bill in equity to foreclose a deed of trust (hereinafter termed a mortgage), after first reforming it, if the equities between the parties demanded its reformation. The mortgage upon its face is one to secure a note for $200, bearing interest at the rate of eight per cent, per annum, but it was admitted upon the trial that the true intention of the parties was, that it was to secure the interest of $16 per annum only, which interest was to be paid as an annuity to the mortgagee, and after his death to his wife, if she survived him, the payment to terminate upon the death of the…

2Cases cited7 opinions

  1. Aubuchon v. BenderSupreme Court of Missouri · 1869
  2. Maupin v. EmmonsSupreme Court of Missouri · 1871
  3. Fox v. HallSupreme Court of Missouri · 1881
  4. Rhodes v. OutcaltSupreme Court of Missouri · 1871
  5. Drey v. DoyleSupreme Court of Missouri · 1889

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Abbe v. JustusMissouri Court of Appeals · 1895
  2. Haynes v. FidlerMissouri Court of Appeals · 1929
  3. Western & Atlantic Railroad v. MorrisonSupreme Court of Georgia · 1897

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