Bensieck v. Cook
Supreme Court of Missouri
Appeal firm, St. Louis City Circuit Cou/rt. — Hon. James -E. "Withbow, Judge. (1) The deed from Sartore & Dungey to Cook was a warranty deed, except as against the Schopp mortgage. Cook did not assume the payment of that mortgage. If, therefore, Sartore & Dungey had paid the mortgage — as they should have done — there can be no question that Cook’s title would have been complete.
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Appeal firm, St. Louis City Circuit Cou/rt. — Hon. James -E. "Withbow, Judge. (1) The deed from Sartore & Dungey to Cook was a warranty deed, except as against the Schopp mortgage. Cook did not assume the payment of that mortgage. If, therefore, Sartore & Dungey had paid the mortgage — as they should have done — there can be no question that Cook’s title would have been complete. Jones on Mortgages [4 Ed.] see. 864; Johnson v. Johnson, 81 Mo. 331. (2) Instead of paying the mortgage which they executed to Schopp, Sartore & Dungey permitted the property to be sold under that mortgage, and at…
1Opinion of the CourtSherwood, P. J.
Ejectment against Ann Cook and Joseph' Cook, her husband, for possession of second and third floors of the south half of premises 1113 North Broadway, in the city of St. Louis. Petition in usual form, except that it alleged that plaintiff was entitled to the possession of the premises on such a day; that afterwards, on such a day, the defendant, Ann Cook, entered into the possession of the premises, and unlawfully withheld the, same from *179plaintiff; that at the time of such entry and ouster the defendants were and are still living separate and apart from each other, and that the aforesaid acts…
2Cases cited12 opinions
- McClanahan v. WestSupreme Court of Missouri · 1889
- State ex rel. Ozark County v. TateSupreme Court of Missouri · 1891
- Brown v. BowenSupreme Court of Missouri · 1886
- Dunn v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1878
- Cruchon v. BrownSupreme Court of Missouri · 1874
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3Cited by53 opinions
- State v. WearSupreme Court of Missouri · 1898
- City of St. Louis v. United Railways Co.Supreme Court of Missouri · 1915
- Neenan v. City of St. JosephSupreme Court of Missouri · 1894
- Royal Mining Company v. Fidelity Casualty Co.Missouri Court of Appeals · 1911
- Long v. LongSupreme Court of Missouri · 1897
48 more not listed; retrieve them via the Exa API.