Atkinson v. Angert
Supreme Court of Missouri
Appeal from Sixth District Court. If any one interested in an estate, as heir or purchaser, pay the encumbrance and discharge the mortgage, he acquires an equitable lien upon the estate. (1 Washb. Real Prop. 216, § 21; 1 Scrib.
Read the full summary
Appeal from Sixth District Court. If any one interested in an estate, as heir or purchaser, pay the encumbrance and discharge the mortgage, he acquires an equitable lien upon the estate. (1 Washb. Real Prop. 216, § 21; 1 Scrib. Dow. 510, § 22 ; Chappell v. Allen, 38 Mo-. 223 ; Furn-old v. Bank of the State of Missouri, 44 Mo. 836.) And where the purchaser of an equity of redemption pays,off an outstanding mortgage made by his grantor, in which his wife had released her. dower, the mortgage will not be deemed to merge; and where cne of several persons interested in a mortgage estate redeems it…
1Opinion of the CourtWagner, Judge
The facts in this case are similar to those in the case of Atkinson v. Stewart, ante, p. 510, except that in Stewart’s case the deed of trust was to secure the payment of purchase money, and was paid off and discharged by the assignee out of the assets of the estate of the husband. In this case the deed of trust signed and acknowledged by the wife was to secure a certain sum of money borrowed by the husband, and the purchaser at the assignee’s sale bought the property subject to the encumbrance, and paid off the same during the lifetime of the husband, and entered satisfaction on the record.…
2Cases cited3 opinions
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Coates v. CheeverNew York Supreme Court · 1823
- Runyan v. StewartNew York Supreme Court · 1850
3Cited by5 opinions
- Whiting v. ButlerMichigan Supreme Court · 1874
- Hospes v. AlmstedtMissouri Court of Appeals · 1883
- Collins v. StockingSupreme Court of Missouri · 1889
- Holt v. HanleySupreme Court of Missouri · 1912
- Abraham v. ChenowethOregon Supreme Court · 1881