Regan v. Williams
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) (a) Where a mortgagor sells the mortgaged property, and the grantee assumes and agrees to pay the mortgage debt, the grantee becomes the principal debtor and the grantor becomes the surety with all the consequences flowing from the relationship of surety. Wayman v. Jones, 58 Mo. App. 313; Bank v. Klock, 58 Mo. App. 335; Bank v. Wood, 56 Mo.
Read the full summary
Transferred from St. Louis Court of Appeals. (1) (a) Where a mortgagor sells the mortgaged property, and the grantee assumes and agrees to pay the mortgage debt, the grantee becomes the principal debtor and the grantor becomes the surety with all the consequences flowing from the relationship of surety. Wayman v. Jones, 58 Mo. App. 313; Bank v. Klock, 58 Mo. App. 335; Bank v. Wood, 56 Mo. App. 214; Nelson v. Brown, 140 Mo. 589; Pratt v. Conway, 148 Mo. 291. (b) And tbe mortgagee is bound, after he receives notice of grantee’s assumption of tbe debt, to recognize tbe relation of principal and…
1Per curiam
This cause comes to this court on a certificate by the St. Louis Court of Appeals that the opinion of said court herein is in conflict with an opinion by the Kansas City Court of Appeals in Bender v. Markle, 37 Mo. App. 234.
The statement and opinion by Goode, J., of the St. Louis Court of Appeals is as follows:
“March 21, 1887, the respondent executed to Timothy Regan, the father of. the appellant, a promissory note for $4,000, due two years after date and bearing compound interest at the rate of eight per cent. The note was given for part of the purchase price of some land in Springfield, and…
2Cases cited31 opinions
- Owings v. McKenzieSupreme Court of Missouri · 1896
- Pratt v. ConwaySupreme Court of Missouri · 1899
- Sherwood v. SaxtonSupreme Court of Missouri · 1876
- Nelson v. BrownSupreme Court of Missouri · 1897
- Battle v. . BattleSupreme Court of North Carolina · 1895
26 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Wentz v. Price Candy Co.Supreme Court of Missouri · 1943
- State Ex Rel. McClure v. NorthropSupreme Court of Connecticut · 1919
- Citizens Bank of Senath v. DouglassMissouri Court of Appeals · 1913
- Caneer v. KentSupreme Court of Missouri · 1938
- Sugent v. Estate of ArnoldSupreme Court of Missouri · 1937
28 more not listed; retrieve them via the Exa API.