Bender v. Zimmerman
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) The deed from Bender to Zimmerman, though absolute on its face, was intended only as a security or indemnity against loss by Zimmerman by being surety in an appeal bond, and this intention is shown by the written contract or defeasance executed by Zimmerman to Bender at the time of the execution of the deed.
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Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) The deed from Bender to Zimmerman, though absolute on its face, was intended only as a security or indemnity against loss by Zimmerman by being surety in an appeal bond, and this intention is shown by the written contract or defeasance executed by Zimmerman to Bender at the time of the execution of the deed. The deed and the defeasance are to be construed together as one instrument, which being done, the deed will be treated as a mortgage. Schrad■sldv. Albright, 93 Mo. 42; O’Neill v. Capelle, 62 Mo. 202; Fontaine v. Co.,…
1Opinion of the CourtBubgess, J.
Action by plaintiff'to compel are-conveyance of certain lots and to recover the sum of $135 alleged to have been received by defendant Zimmerman to plaintiff’s use.
On the fourteenth day of January, 1881, 0. A. Mosman, as administrator, recovered judgment in the circuit court of Buchanan county, Missouri, against the plaintiff herein for the sum of $489.68, and Bender *198paving appealed the case to this court, in order to stay execution on said judgment until the same was finally heard, it became necessary for him to execute an appeal bond, and in order to get the defendant Zimmerman to-become…
2Cases cited6 opinions
- O'Neill v. CapelleSupreme Court of Missouri · 1876
- Turner v. JohnsonSupreme Court of Missouri · 1888
- Schradski v. AlbrightSupreme Court of Missouri · 1887
- Fontaine v. Schulenburg & Boeckler Lumber Co.Supreme Court of Missouri · 1891
- Hach v. HillSupreme Court of Missouri · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Frame v. Boatmen's Bank of Concord VillageMissouri Court of Appeals · 1989
- Hackett v. WattsSupreme Court of Missouri · 1897
- Gibbs v. HaughowoutSupreme Court of Missouri · 1907
- Bender v. ZimmermanSupreme Court of Missouri · 1896
- Jackson v. DallinUtah Supreme Court · 1915