Aull v. Lee
Supreme Court of Missouri
Jlppeal from Lafayette County Circuit Court. I. The note is described in the mortgage according' to its legal effect, and is declared upon in the petition according to its terms. The description in the mortgage was proper (Bvles Bills, [4th Am. Ed.] pp. 65, 66; Muldrow vs. Caldwell, 7 Mo., 563 ; Rambo vs. Metz, 5 Stroub., 108; IJeywood vs. Wright, 14 N. IT., 73); and if the note had been pleaded according to its legal effect and meaning, that would have been sufficient.
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Jlppeal from Lafayette County Circuit Court. I. The note is described in the mortgage according' to its legal effect, and is declared upon in the petition according to its terms. The description in the mortgage was proper (Bvles Bills, [4th Am. Ed.] pp. 65, 66; Muldrow vs. Caldwell, 7 Mo., 563 ; Rambo vs. Metz, 5 Stroub., 108; IJeywood vs. Wright, 14 N. IT., 73); and if the note had been pleaded according to its legal effect and meaning, that would have been sufficient. (See Jones vs. Louderman, 39 Mo., 290 ; also, 7 Mo., supra.) II. Evidence was proper to show that the note was in fact the…
1Opinion of the Court
Voríes, Judge,
delivered the opinion of the court.
This action was brought to recover the amount due by the defendant. Beverly G. Lee, to plaintiff by a promissory note in the petition named, and to foreclose a mortgage given to secure the payment of the amount due by said note.
The suit was originally brought against the three first named defendants, Gracy G. Lee being afterwards made a party defendant on motion of the plaintiff. The substantial parts of the petition are as follows: that defendant Beverly. G. Lee, together with James Hale and William Allen, made a promissory note, dated…
2Cases cited1 opinion
- Muldrow v. CaldwellSupreme Court of Missouri · 1842
3Cited by9 opinions
- In Re SchindlerDistrict Court, E.D. Missouri · 1963
- Berger v. St. Louis Storage & Commission Co.Missouri Court of Appeals · 1909
- Williams v. Moniteau National BankSupreme Court of Missouri · 1880
- Winn v. Lippincott Investment Co.Supreme Court of Missouri · 1894
- Ferris v. JohnsonMichigan Supreme Court · 1904
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