Cass County v. Oldham
Supreme Court of Missouri
Error to Cass Circuit Court. — The case was tried before John F. Lawder, Esq., sitting as Special Judge. The omission of the township and range was a mistake of the scrivener; and upon, the evidence it is clear that as between Oldham and the county the mortgage was a good equitable mortgage upon the land in township 44, range 32, and as against them the court should have ordered a reformation.
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Error to Cass Circuit Court. — The case was tried before John F. Lawder, Esq., sitting as Special Judge. The omission of the township and range was a mistake of the scrivener; and upon, the evidence it is clear that as between Oldham and the county the mortgage was a good equitable mortgage upon the land in township 44, range 32, and as against them the court should have ordered a reformation. McQuie v. Peay, 58 Mo. 56; Davis v. Clay, 2 Mo. 161;. McClurg v. Phillips, 49 Mo. 315; 1 Hill, on Mortg!, (4 Ed.) 648; Racouillat v. Sansevain, 32 Cal. 376; Carter v. Holman, 60 Mo. 498; Blackburn v.…
1Opinion of the CourtHough, J.
On the 8th day of February, 1869, John Q. Oldham executed a mortgage to Cass county on lands described as follows: "West half of lot 1, northwest quarter section 5, and east half lot 1, northeast section 6. The township and range were both omitted. On April 12th, 1873, Oldham executed a deed of trust on the west half lot 1, northwest quarter section 5, and east half lot 1, northeast quarter section 6, township 44, range 32, in favor of one Henry Freese, to secure the payment of a note therein described, bearing the same date and having nine months to run. In March, 1877, the trustee, in…
2Cases cited1 opinion
- Campbell v. JohnsonSupreme Court of Missouri · 1869
3Cited by8 opinions
- Martin v. NixonSupreme Court of Missouri · 1887
- Ozark Land & Lumber Co. v. FranksSupreme Court of Missouri · 1900
- Wiseman v. WattersTexas Supreme Court · 1915
- Federal Land Bank v. McColganSupreme Court of Missouri · 1933
- Smith v. RichardsonMissouri Court of Appeals · 1898
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