Foster v. Reynolds
Supreme Court of Missouri
Appeal from Madison Circuit Court. I. The court below should have permitted the defendant to prove by parol evidence the object of the execution of the deed of trust; that the sum of $2,625, for payment of which the deed was given to secure, was intended by the parties to secure future advances and security for debts of Foster not exceeding the sum of $2,625. “ Mortgages may be given to secure future debts, advances and responsibilities; and when the deed recites the amount…
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Appeal from Madison Circuit Court. I. The court below should have permitted the defendant to prove by parol evidence the object of the execution of the deed of trust; that the sum of $2,625, for payment of which the deed was given to secure, was intended by the parties to secure future advances and security for debts of Foster not exceeding the sum of $2,625. “ Mortgages may be given to secure future debts, advances and responsibilities; and when the deed recites the amount of a note for which the mortgage is given, parol evidence is admissible to show that it was intended to secure future…
1Opinion of the CourtWagner, Judge
The respondent in this cause made application to the Circuit Court to enjoin the appellant from selling certain real estate under and by virtue of a mortgage. The petition stated that on the 23d day of June, 1860, the respondent conveyed certain real estate in trust to secure the payment of a certain note, described in the deed of mortgage for the sum of |2,625; that the appellant advertised the mortgaged property for sale on the 25th day of September, 1863, and in the notice stated that the mortgage was to secure the note therein described, and also any demands which might be paid by…
2Cases cited3 opinions
- Shirras & Others v. Caig & MitchelSupreme Court of the United States · 1812
- Bank of Utica v. FinchNew York Court of Chancery · 1848
- Johnson v. HustonSupreme Court of Missouri · 1852
3Cited by9 opinions
- Langdon v. GreenSupreme Court of Missouri · 1872
- In Re SchindlerDistrict Court, E.D. Missouri · 1963
- Key v. JenningsSupreme Court of Missouri · 1877
- Sparks v. BrownMissouri Court of Appeals · 1888
- Quick v. TurnerMissouri Court of Appeals · 1887
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