Mandle v. Horspool
Missouri Court of Appeals
Appeal from the Circuit Court of St. Louis County.— Hon. G. A. Wurdeman, Judge. (1) A mortgage or deed of trust is valid though the note or bond which it purports to secure has no existence, or was not delivered, provided that the debt exists. 4 Kent’s Commentaries, 145; Graham v. Stevens, 34 Yt. 166; 80 Am.
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Appeal from the Circuit Court of St. Louis County.— Hon. G. A. Wurdeman, Judge. (1) A mortgage or deed of trust is valid though the note or bond which it purports to secure has no existence, or was not delivered, provided that the debt exists. 4 Kent’s Commentaries, 145; Graham v. Stevens, 34 Yt. 166; 80 Am. Digest, 675; Carnall v. Duvall, 22 Ark. 136; Lee v. Fletcher, 46 Minn. 49; Nazro v. Ware, 38 Minn. 443; Yolmer v. Stagerman, 25 Minn., 234; Eacho v. Crosby, 26 Grat. 172; Hodgdon v. Shannon, 44 N'. H. 572; Ogden v. Ogden, 160 111.' 543, 54 N. E. 750; Goodhue v. Berrien, 2 Sanf. Ch. 630;…
1Opinion of the CourtBecker, J.
This is an appeal from a judgment on demurrer, dismissing .plaintiff’s petition on the ground that it states no cause of action.
Plaintiff’s second amended petition alleges that on March 1, 1912, the Star Tile & Mantel Company, a corporation, was indebted to- plaintiff’s assignor, on open account, in the sum of $1317.16, which was then due *652and payable. That defendants, Ernest E. and Pearl Horspool, about April 26, 1912, in consideration of an extension of time for the payment of said indebtedness, which was agreed to be granted by plaintiff’s assignor to the debtor, promised and agreed to and…
2Cases cited4 opinions
- Lee v. FletcherSupreme Court of Minnesota · 1891
- Nazro v. WareSupreme Court of Minnesota · 1888
- Powers v. WoolfolkMissouri Court of Appeals · 1908
- Field v. BrokawIllinois Supreme Court · 1893
3Cited by6 opinions
- Young v. LevineSupreme Court of Missouri · 1930
- Ryan v. TinkerMissouri Court of Appeals · 1988
- The University Bank v. MajorMissouri Court of Appeals · 1935
- Tobin v. KampeCourt of Appeals for the Eighth Circuit · 1942
- Gordon and Vail v. RaymondMissouri Court of Appeals · 1945
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