Mutual Bank & Trust Co. v. Goedecke

Action to decree an equitable mortgage on land described as follows:

“A lot in Block 1518 of the City of St. Louis, fronting Thirty feet (30') on the North line of Cherokee Street by a depth Northwardly of One Hundred Eighteen feet (118') one inch (1") to an alley; bounded west by Ohio Avenue, together with improvements erected thereon known as and numbered 2649 Cherokee Street.”

The chancellor decreed such a mortgage and the land was sold under the decree to plaintiff. Defendant appealed without bond. In this connection it may be stated that, absent an intent to create a mortgage, a chancellor…