Walmsley v. Dougherty
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) Tbis proceeding is founded upon sections 4343 and 4344, Revised Statutes 1899. These sections, which give the right to redeem within one year, providing the party shall give security, do not limit any time in which the application shall be made.
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Appeal from Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) Tbis proceeding is founded upon sections 4343 and 4344, Revised Statutes 1899. These sections, which give the right to redeem within one year, providing the party shall give security, do not limit any time in which the application shall be made. (2) This court held, that the application under this statute must be made within a reasonable time and that the application made within four months after the sale, was not in time. Updike v. Merchants, 96 Mo. 160. And in the same case intimated that the trustee should allow a…
1Opinion of the CourtGantt, J.
This controversy arises from the following circumstances: On September 15, 1893, Albert 0. Walmsley borrowed from defendant, John Dougherty, the sum of three thousand dollars, payable in three years, and secured the same on lots 1 and 8, W. A. Bunker’s resurvey of Granmann Place, an addition in Kansas City, Missouri, on which lots stood a livery barn with about ten living-rooms above. Before the maturity of this note, about the first of September, 1896, the defendant, John Dougherty, notified the father of A. C. Walmsley, John Walmsley, who was conducting his son’s business, that he would…
2Cases cited1 opinion
- Union Central Life Insurance v. RogersSupreme Court of Missouri · 1900
3Cited by2 opinions
- State Ex Rel. Hanks v. SeehornMissouri Court of Appeals · 1932
- State ex rel. Gravois Home Savings & Loan Ass'n v. MossMissouri Court of Appeals · 1970