Potter v. McDowell
Supreme Court of Missouri
Appeal from, SI. Louis Circuit Court. In reference to this case, see 31 Mo. 62; 40 Mo. 229, §91. For statement of facts pertinent to the case,'see also opinion of the court.
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Appeal from, SI. Louis Circuit Court. In reference to this case, see 31 Mo. 62; 40 Mo. 229, §91. For statement of facts pertinent to the case,'see also opinion of the court. I. The transfer of a note secured by a deed of trust carries with it the.security as an incident, and the decisions all hold that there is no necessity of any separate assignment of the mortgage or deed of trust securing notes indorsed over, and equities are cut out on the mortgage the same as on the note which it secures. (Anderson v. Baumgartner, 27 Mo. 80; Thayer v. Campbell, 9 Mo. 277 ; Keyes v. Wood, 21 Verm. 331 ; 1…
1Opinion of the CourtBaker, Judge
This is a suit to set aside a deed of trust, executed by A. J. L. Stevens to George W. McDowell and W. E. Tyler as trustees, to secure the payment of five promissory notes executed by said Stevens to John McDowell. The petition alleges that on the 31st day of March, 1858, John McDowell and wife, by their deed, conveyed to Andrew J. L. Stevens certain real estate on St. Ange street, in the city of St. Louis ; that said John McDowell was, at that time, insolvent, and made said conveyance for the purpose of defrauding his creditors ; that said deed has been annulled by a decree of the St. Louis…
2Cases cited5 opinions
- Davis v. OwnsbySupreme Court of Missouri · 1851
- Potter v. McDowellSupreme Court of Missouri · 1860
- Valentine v. HavenerSupreme Court of Missouri · 1854
- Stillwell v. McDonaldSupreme Court of Missouri · 1866
- Potter v. StevensSupreme Court of Missouri · 1867
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