McClurg v. Phillips
Supreme Court of Missouri
Appeal from Webster Circuit Court. The deed set up is an equitable mortgage, and will be enforced in equity in an action between the parties thereto and all purchasers with notice. Paul could not acquire more by his purchase than his vendor possessed.
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Appeal from Webster Circuit Court. The deed set up is an equitable mortgage, and will be enforced in equity in an action between the parties thereto and all purchasers with notice. Paul could not acquire more by his purchase than his vendor possessed. (See Bank of Muskingum v. Carpenter, 7 Ohio, 21; Lake v. Doud, 10 Ohio, 425 ; Radcliff v. Seal, 36 Mo. 317; Harrison v. Michelson, 19 Wis. 498.) Courts of equity will aid the defective execution of a deed between the parties thereto and subsequent purchasers with notice, by sealing the same. (See Young v. Coleman ct al., 43 Mo. 179 ; Simmons v.…
1Opinion of the CourtBliss, Judge
The plaintiff filed his petition to foreclose a mortgage, but the instrument not having been sealed, he sets out that the parties intended that it should have been sealed, and that the omission to do so was a mistake ; and he asks to have it reformed, and then that the .land be sold for the payment of the debt. Defendant Phillips was the mortgagee and fails to appear. Defendant Paul, who is charged as purchaser with notice, demurs to the petition because the facts stated do not constitute a cause of action. The demurrer was sustained, and plaintiff appeals.
Counsel claim that the demurrer was…
2Cases cited6 opinions
- Fithian v. MonksSupreme Court of Missouri · 1869
- Thayer v. CampbellSupreme Court of Missouri · 1845
- Riley's Administrator v. McCord's AdministratorSupreme Court of Missouri · 1857
- Abbott v. Godfroy's HeirsMichigan Supreme Court · 1849
- Carr v. HolbrookSupreme Court of Missouri · 1822
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Hutchinson v. AinsworthCalifornia Supreme Court · 1887
- Liese v. MeyerSupreme Court of Missouri · 1898
- Bevin v. PowellMissouri Court of Appeals · 1881
- State ex rel. Wyandotte Lodge No. 35 of the Independent Order of Odd Fellows v. EvansSupreme Court of Missouri · 1903
- McQuie v. PeaySupreme Court of Missouri · 1874
12 more not listed; retrieve them via the Exa API.