Russell v. Whitely
Supreme Court of Missouri
Error to Platte Circuit Court. I. The court erred in refusing to permit the plaintiff to prove that the debt secured by the mortgage from Russell to Smith had been paid. The defendant in order to set up an equitable title as outstanding by a mortgage, has brought in a mortgage more than twenty years old, and without accounting for the absence of the note upon which it was founded. Plaintiff will certainly be permitted to show the payment of' this debt.
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Error to Platte Circuit Court. I. The court erred in refusing to permit the plaintiff to prove that the debt secured by the mortgage from Russell to Smith had been paid. The defendant in order to set up an equitable title as outstanding by a mortgage, has brought in a mortgage more than twenty years old, and without accounting for the absence of the note upon which it was founded. Plaintiff will certainly be permitted to show the payment of' this debt. I. In the above ease there was nothing for the jury to pass on. The validity of the deeds and legal proceedings, and their aggregate effect cm…
1Opinion of the CourtHough, Judge
This was an action of ejectment brought by the plaintiff, as one of the heirs of James Russell, deceased, for the recovery of the south half of the north west quarter of section thirty-two, township fifty-three, range thirty-five, of which said Russell died seized, subject to a mortgage made by him iu May, 1851, to one John Smith, to secure his note to said Smith, for one hundred and five dollars of even date with the mortgage, and payable three months after said date.
The petition was in the usual form, and the answer was a general denial only. The defense relied upon at the trial, was, that…
2Cases cited3 opinions
- Norcum v. D'ŒnchSupreme Court of Missouri · 1852
- Moreau v. DetchemendySupreme Court of Missouri · 1853
- State ex rel. Reyburn v. RugglesSupreme Court of Missouri · 1854
3Cited by5 opinions
- Wilcoxon v. OsbornSupreme Court of Missouri · 1883
- Wolff v. WardSupreme Court of Missouri · 1891
- Johnson v. FluetschSupreme Court of Missouri · 1903
- Brewer v. NashSupreme Court of Rhode Island · 1889
- Wells v. Lincoln CountySupreme Court of Missouri · 1883