Watson v. Hawkins
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. I. The right of plaintiff to the note was that of owner by assignments indorsed on the note, and incident to this was the right to have the mortgaged property sold to pay the debt specified in the note. (1 Hill. Morfc., 238, and cases cited in note/1.; Jackson vs. Bronson, 19 Johns., 325.) I. A deed of land from the mortgagee is not an assignment of the mortgage. '(Peters vs. Jamestown, 5 Oak, 334; Hill.
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Appeal from Buchanan Circuit Court. I. The right of plaintiff to the note was that of owner by assignments indorsed on the note, and incident to this was the right to have the mortgaged property sold to pay the debt specified in the note. (1 Hill. Morfc., 238, and cases cited in note/1.; Jackson vs. Bronson, 19 Johns., 325.) I. A deed of land from the mortgagee is not an assignment of the mortgage. '(Peters vs. Jamestown, 5 Oak, 334; Hill. Mort., 4 ed., pp. 236-7; Wilson vs. Troup, 2 Cow., 195.) ' I. Watson conveyed all his right, title and interest in the land to Patterson, who thereby…
1Opinion of the CourtSherwood, Judge
Action to foreclose a deed of trust to certain lands in Holt county. On application of defendant Hawkins, Patterson and. Massie were served with process, and made additional parties defendant.
By the amended petition, in addition to the ordinary allegations, it appeared that Massie was in possession of the premises.
Hawkins filed his separate answer, wherein he alleged payment of the note, to secure which the conveyance was made ; that plaintiff, in order to cheat and defraud him out of his land, had contrived a sham sale thereof in 1863, and-obtained a deed therefor from the trustee, one…
2Cases cited8 opinions
- Jackson ex. dem. Merrit v. BowenNew York Supreme Court · 1827
- Robinson v. . RyanNew York Court of Appeals · 1862
- Mitchell v. LadewSupreme Court of Missouri · 1865
- Revely v. SkinnerSupreme Court of Missouri · 1862
- Anderson v. BaumgartnerSupreme Court of Missouri · 1858
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- State Ex Rel. Holtkamp v. Hartmann.Supreme Court of Missouri · 1932
- Stewart v. Omaha Loan & Trust Co.Supreme Court of Missouri · 1920
- Henry v. HindsMissouri Court of Appeals · 1885
- Pearson v. HaydelMissouri Court of Appeals · 1901
3 more not listed; retrieve them via the Exa API.