Hagerman v. Sutton
Supreme Court of Missouri
Appeal from Schuyler Circuit Court. — Hon. Nat. M. .Shelton, Special Judge. (1) The court erred in its declaration of law and in basing its judgment on the ground that' Mrs. Gray was married when she executed the note. She was unmarried when sued, and when the decree was taken, she was competent to defend. Yeoman v. Younger, 83 Mo. 424; Elate ex rel. v. Rainey, 74 Mo. 229 ; Bernecker v. Miller, 44 Mo.
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Appeal from Schuyler Circuit Court. — Hon. Nat. M. .Shelton, Special Judge. (1) The court erred in its declaration of law and in basing its judgment on the ground that' Mrs. Gray was married when she executed the note. She was unmarried when sued, and when the decree was taken, she was competent to defend. Yeoman v. Younger, 83 Mo. 424; Elate ex rel. v. Rainey, 74 Mo. 229 ; Bernecker v. Miller, 44 Mo. Ill; Reed^v. Vaughan, 15 Mo. 137 ; Wellshear «. Kelly, 69 Mo. 343. (2) The sale, not taking place by virtue of the general deficiency clause of the judgment, but because of the foreclosure as to…
1Opinion of the CourtSherwood, J.
Ejectment for northeast quarter of southeast quarter of section 1, township 66, range 15, in Schuyler county, Missouri:
In 1871, Mary E. Gray was seized in her own right of the property in suit, as well as of other real estate. She joined with her husband in executing a promissory note and mortgage to Downing, the mortgage embracing the land in controversy, as well as other lands. The note had five years to run, was negotiable in form, and was transferred, as Downing testified, immediately after execution for value to plaintiff. In November, 1872, Mary E. Gray and husband executed a bond for a…
2Cases cited25 opinions
- Carpenter v. LonganSupreme Court of the United States · 1873
- Hardin v. LeeSupreme Court of Missouri · 1873
- Fithian v. MonksSupreme Court of Missouri · 1869
- Gray v. BowlesSupreme Court of Missouri · 1881
- Wilcox v. ToddSupreme Court of Missouri · 1877
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3Cited by51 opinions
- Pope v. BeauchampTexas Supreme Court · 1920
- Baisley v. BaisleySupreme Court of Missouri · 1893
- West v. First Bap. Ch. of TaftTexas Supreme Court · 1934
- Borgess Investment Co. v. VetteSupreme Court of Missouri · 1898
- Mayes v. RobinsonSupreme Court of Missouri · 1887
46 more not listed; retrieve them via the Exa API.