State Savings Bank v. Buck
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. Jas. M. Sandusky, Judge. (1) According to Prance’s evidence these deeds can not be held to be mortgages for the purpose of this suit, and are void as to the defendants. Prance never-agreed to advance anything on them, nor was he under-obligations to do so. -They were not mortgages when delivered, and, at most, were only to become such on contingencies to be voluntarily performed by Prance in the future.
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Appeal from Clinton Circuit Court. — Hon. Jas. M. Sandusky, Judge. (1) According to Prance’s evidence these deeds can not be held to be mortgages for the purpose of this suit, and are void as to the defendants. Prance never-agreed to advance anything on them, nor was he under-obligations to do so. -They were not mortgages when delivered, and, at most, were only to become such on contingencies to be voluntarily performed by Prance in the future. If, in the future, Buck saw proper to ask advances, and Prance saw proper to' make them, then the deeds were to become mortgages, otherwise they were…
1Opinion of the CourtBlack, C. J.
— The plaintiff is a banking- corporation doing business at the city of'St. Joseph. The-defendant, Harvey S. Buck, and Thomas Gr. McCrosky were partners, and as such carried on a private banking-business at Stewartsville in DeKalb county, having a, reported capital in that business of $25,000. They also dealt largely in lands and live stock. In November, 1884, Buck executed, acknowledged and delivered a deed conveying to plaintiff a parcel of land in Stewartsville for the recited consideration of $9,000; and in November, 1885, he conveyed to the plaintiff another lot in the same place and…
2Cases cited6 opinions
- Hildreth v. SandsNew York Court of Chancery · 1816
- Hilliard v. CagleMississippi Supreme Court · 1872
- State Bank v. FrameSupreme Court of Missouri · 1892
- Standard Paper Co. v. GuentherWisconsin Supreme Court · 1886
- Sappington v. OeschliSupreme Court of Missouri · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Landis v. McDonaldMissouri Court of Appeals · 1901
- Ruffner Bros. v. Dutchess InsuranceWest Virginia Supreme Court · 1906
- First National Bank v. RohrerSupreme Court of Missouri · 1897
- Williams v. KirkMissouri Court of Appeals · 1897
- Rosencranz v. Swofford Bros. Dry Goods Co.Supreme Court of Missouri · 1903
18 more not listed; retrieve them via the Exa API.