Union National Bank v. Barker
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Charles L. Dobson, Judge. (1) Appellant’s mortgage upon its face is a legal and valid'mortgage. R. S. 1889, secs. 2418, 2419, 2420, 2434 and 2435; 4 Kent Com. [9 Ed.], marginal pages 140, 141, 142 and 143; Redfield, secs. 1016 and 1023; 1 Jones Mtgs., sees. 872, 373 and374 and notes; Bump Fraudulent Conveyances, p. 373, 179, 183, 185, 186, 187, 189, 190,194. An absolute deed given as security is a mortgage.
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Appeal from Jackson Circuit Court. — Hon. Charles L. Dobson, Judge. (1) Appellant’s mortgage upon its face is a legal and valid'mortgage. R. S. 1889, secs. 2418, 2419, 2420, 2434 and 2435; 4 Kent Com. [9 Ed.], marginal pages 140, 141, 142 and 143; Redfield, secs. 1016 and 1023; 1 Jones Mtgs., sees. 872, 373 and374 and notes; Bump Fraudulent Conveyances, p. 373, 179, 183, 185, 186, 187, 189, 190,194. An absolute deed given as security is a mortgage. (2) Defendant bank’s attachment is void. The attachment was on the ground that defendant Barker was a non-resident of the State of Missouri and…
1Opinion of the CourtBrace, P. J.
By mortgage deed dated May 9, 1893, defendants Samuel B. Barker and wife, of Chicago, conveyed certain real estate therein described, and situate in Kansas City, Jackson and Chariton counties, Missouri, to the plaintiff, the Union National Bank of Chicago, to secure the payment of an indebtedness recited in said instrument as follows:
“Whereas, said Samuel B. Barker, one of the parties of the first part, is now justly indebted to the Union National Bank of Chicago, party of the second part, in a large sum of money both individually and as a member of the partnership of A. H. Caryl & Co., and…
2Cases cited8 opinions
- State v. SchuchmannSupreme Court of Missouri · 1896
- State ex rel. Patton v. GatesSupreme Court of Missouri · 1898
- State v. AppersonSupreme Court of Missouri · 1893
- State v. ScottSupreme Court of Missouri · 1893
- State v. MosleySupreme Court of Missouri · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State ex rel. Priddy v. GibsonSupreme Court of Missouri · 1905
- Keyes v. KennedyMissouri Court of Appeals · 1904
- McKinney v. Wright Lumber Co.Missouri Court of Appeals · 1908