Heirs of Mullanphy v. Simpson
Supreme Court of Missouri
It appears by the record that some time in the year 1817, Pascal Cerre, sold a lot or square of ground in the city of St. Louis, to one Thomas Hanly, for about the sum of $>7,500, to secure the payment of which, Hanly executed a mortgage to Corre, payable some time in the year 1823; that after the execution of this sale and mortgage, Hanly sold 35 feet fronting on main street, running back to the river 150 feet, to P. M. Dillon, and gave Dillon a deed therefor in gene.al…
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It appears by the record that some time in the year 1817, Pascal Cerre, sold a lot or square of ground in the city of St. Louis, to one Thomas Hanly, for about the sum of $>7,500, to secure the payment of which, Hanly executed a mortgage to Corre, payable some time in the year 1823; that after the execution of this sale and mortgage, Hanly sold 35 feet fronting on main street, running back to the river 150 feet, to P. M. Dillon, and gave Dillon a deed therefor in gene.al warranty, and to secure the payment of the price thereof, took a mortgage of Dillon. Dillon then sold all he purchased of…
1Opinion of the Court
• Opinion delivered by
McGirk J.*
No material point arises on the answers of the parties, the whole contest appears to be on the point of law whether the parties, complainants could on the hearing ■ be allowed to redeem the whole square or any part thereof. By the original bill, no offer of any sort was ever made by the complainants to pay Mullanphy or Hanly any part of the money due on the Dillon mortgage; it appears to us that this ought to have been done, but the excuse the parties give at the bar in argument for not offering to do so, is that if they paid this money to Hanly, he was under…
2Cited by4 opinions
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