M. H. Pattison & Son v. Letton
Missouri Court of Appeals
Appeal from the Clay Circuit Court. — Hon. Jas. M. Sandusky, Judge. (1) A conveyance of property, as security for the payment of money, is a mortgage, no matter what the parties intend in reference to redemption. The conveyance may be absolute on its face, and the result in equity is the same; and parol evidence is competent to show the intention of the parties and the real character of the transaction.
Read the full summary
Appeal from the Clay Circuit Court. — Hon. Jas. M. Sandusky, Judge. (1) A conveyance of property, as security for the payment of money, is a mortgage, no matter what the parties intend in reference to redemption. The conveyance may be absolute on its face, and the result in equity is the same; and parol evidence is competent to show the intention of the parties and the real character of the transaction. The foregoing conclusions, are the law of Missouri, and' may be, with safety, asserted to be the general law in England and America. Those conclusions apply equally to conveyances of realty as…
1Opinion of the CourtEllison, J.
— This action is replevin against the sheriff of Clay county in which judgment was given for defendant on a trial below by the court without a jury.
Plaintiffs sold and delivered to one Benton a stock of drugs for the agreed price of $6,000. A deed to real estate was taken at the time, as payment of $1,000, and Benton’s five notes of $1,000 each and due in one, two, three, four and five years, were taken for the balance of the purchase. price. Benton executed to plaintiffs a bill of sale conveying such stock of goods back to plaintiffs. This was done on the private understanding between the…
2Cases cited13 opinions
- Snyder v. FreeSupreme Court of Missouri · 1893
- Claflin v. RosenbergSupreme Court of Missouri · 1868
- Dobyns v. MeyerSupreme Court of Missouri · 1888
- Bullene v. BarrettSupreme Court of Missouri · 1885
- Reed v. PelletierSupreme Court of Missouri · 1859
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Friedel v. BaileySupreme Court of Missouri · 1931
- Cape County Savings Bank v. WilsonMissouri Court of Appeals · 1931
- Gill v. Ely-Norris Safe Co.Missouri Court of Appeals · 1913
- Albert v. Van FrankMissouri Court of Appeals · 1901
- Bank of Atchison County v. ShackelfordMissouri Court of Appeals · 1896
4 more not listed; retrieve them via the Exa API.