Honaker v. Shough
Supreme Court of Missouri
Error to Buchanan Circuit Court. I. This was a proceeding brought under section 34 of the Dower Act (Wagn. Stat., 544). If, The sale transferred to defendant the interest of Holt county in the mortgage, and he being in possession of the land as mortgagee, had the right to so remain until said debt was paid and the land redeemed by Honaker’s heirs — he being substituted to the rights of Holt county and an assignee of. said mortgage.
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Error to Buchanan Circuit Court. I. This was a proceeding brought under section 34 of the Dower Act (Wagn. Stat., 544). If, The sale transferred to defendant the interest of Holt county in the mortgage, and he being in possession of the land as mortgagee, had the right to so remain until said debt was paid and the land redeemed by Honaker’s heirs — he being substituted to the rights of Holt county and an assignee of. said mortgage. (See Walcop vs. McKinney, 10 Mo., 229 ; Winslow vs. McCall, 32 Barb., 241; 1 Hill. Mort., 537, §3, eh. 18, “Assignment of a Mortgage; ” McCormick vs. Eitzmorris,.…
1Opinion of the CourtAdams, Judge
The plaintiffs, as heirs at law of one Henry Honaker, who died in 1863, commenced this proceeding under the Dower Act, in the Holt Circuit Court, which was transferred to Buchanan Circuit Court by change of venue. The petition charges, that the ancestors of the plaintiff’s died seized in fee of the S. 1-2 of N. W. 1-4 of See. 9, and N. 1-2 of S. W. 1-4, of Sec. 9, in Township 61, of Range 37. 'in Holt county, which embraced the Mansion House of the deceased; that *474deceased left a widow named Mary J. Honaker, who being entitled to dower and possession of the mansion, &c., till the same was…
2Cases cited2 opinions
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