Bryant v. Lazarus
Supreme Court of Missouri
Appeal from Dunklin Circuit Court.— Hon. J. L Fort, Judge. (1) The court erred in sustaining respondents* motion for a new trial. The original verdict and finding of the court was for the right party and should not have been disturbed.
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Appeal from Dunklin Circuit Court.— Hon. J. L Fort, Judge. (1) The court erred in sustaining respondents* motion for a new trial. The original verdict and finding of the court was for the right party and should not have been disturbed. It has long been the law in this State that a deed of conveyance, absolute on its face, if in fact intended merely as a mortgage, or security for a debt, will in equity be treated as a mortgage, the real intention of the parties in such case being the true test. Schradski v. Allbright, 93 Mo. 42; Oneill v. Chapelle, 62 Mo. 202; Brant v. Robinson, 16 Mo. 129;…
1Opinion of the CourtBrown, J.
— Action to cancel a warranty deed to real estate. The finding below was for plaintiffs; and they appeal from an order granting defendants a new trial.
Plaintiffs’ petition is in two counts. The finding was upon the second count, which charges that in 1903 plaintiff J. H. Bryant and one T. J. Clark were the owners of 4 saloon and fixtures in Dunklin county, Missouri, and being indebted to defendants in a large *608sum of money for whiskeys and other supplies, and being also indebted to other creditors in small amounts, pledged their saloon, fixtures and entire stock of liquors, etc., to…
2Cases cited4 opinions
- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
- O'Neill v. CapelleSupreme Court of Missouri · 1876
- Gibbs v. HaughowoutSupreme Court of Missouri · 1907
- Reugger v. LindenbergerSupreme Court of Missouri · 1873
3Cited by4 opinions
- Guthrie v. GillespieSupreme Court of Missouri · 1928
- Tillman v. City of CarthageSupreme Court of Missouri · 1923
- Transamerican Freight Lines, Inc. v. Monark Egg Corp.Missouri Court of Appeals · 1942
- Tate v. Wabash RailroadMissouri Court of Appeals · 1911