Cobb v. Day
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. A. Sloven, Judge. (1) The doctrine is well established in this state that a deed absolute in form may be shown to be a mortgage. Worley e. Dryden, 57 Mo. 226 ; Turner v. Kerr, 44 Mo. 429; Sharkey v. Sharkey, 47. Mo. 543; Newel v. Keeler, 13 Mo. App. 189; O' Neill v. Capelle, 62 Mo. 202. (2) The transactions out of which this suit grew commenced with an application for a loan, and terminated in the execution of an absolute deed.
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Appeal from Jackson Circuit Court. — Hon. J. A. Sloven, Judge. (1) The doctrine is well established in this state that a deed absolute in form may be shown to be a mortgage. Worley e. Dryden, 57 Mo. 226 ; Turner v. Kerr, 44 Mo. 429; Sharkey v. Sharkey, 47. Mo. 543; Newel v. Keeler, 13 Mo. App. 189; O' Neill v. Capelle, 62 Mo. 202. (2) The transactions out of which this suit grew commenced with an application for a loan, and terminated in the execution of an absolute deed. It should be scrutinized closely, and if there be any doubt as to the intent of the parties, this doubt should be resolved…
1Opinion of the CourtThomas, J.
This is a bill in equity to have a deed absolute on its face declared a mortgage and to redeem. 'The deed covers five and a half acres of land lying within half a mile of Kansas City. The bill alleges that on the twenty-ninth day of September, 1881, defendant loaned Emma Cobb, the wife of her coplaintiff, the sum of $330, which sum she and her husband .agreed to repay to defendant, with ten-per-cent, interest per annum ; that, to secure the payment of said sum and interest, they, on that day, conveyed the property to *283defendant by a deed of general warranty; that this deed, though absolute in…
2Cases cited7 opinions
- Osgood v. FranklinNew York Court of Chancery · 1816
- O'Neill v. CapelleSupreme Court of Missouri · 1876
- Hannibal & St. Joseph Railroad v. BrownSupreme Court of Missouri · 1869
- Worley v. DrydenSupreme Court of Missouri · 1874
- Norton v. BohartSupreme Court of Missouri · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Davis v. McCannSupreme Court of Missouri · 1898
- Murray v. Butte-Monitor Tunnel Mining Co.Montana Supreme Court · 1910
- Williamson v. FrazeeSupreme Court of Missouri · 1922
- Book v. BeaslySupreme Court of Missouri · 1897
- Schmidt v. BarclayMichigan Supreme Court · 1910
15 more not listed; retrieve them via the Exa API.