Miles v. Smith
Supreme Court of Missouri
Error to Marion Circuit Court. The facts sufficiently appear in the opinion of the court. 1. The court erred in deciding that the personal representative was an indispensable party to this action. (Story’s Eq. PI. § 84, 175, 186, 196,; 2 Atkins, 886; Edwards on Parties, 91, 92 ; 3 P. Wms, 333, note a.)
1Opinion of the CourtRyland, Judge
This is a petition brought by the assignee of a mortgage against the heirs and widow of the mortgagor, praying judgment for the debt, that the equity of redemption be foreclosed, and that the mortgaged land be sold in the manner provided for by the statute of the state.
Ezra S. Ely sold the land to Smith, who afterwards died. Ely took from Smith the mortgage for”the unpaid purchase money, which was secured also by the notes of Smith. Ely assigned the mortgage debt to Carswell and McClelland, and they assigned it to plaintiff.
The defendants rely upon the statute of limitations as a bar to the…
2Cited by1 opinion
- Tierney v. SpivaSupreme Court of Missouri · 1888