Wilson v. Drumrite
Supreme Court of Missouri
Appeal from, Greene Circuit Court. This was a suit brought by Wilson against Drumrite & Yaughn, the object of which was to redeem two hundred acres of land, held under a conveyance from the plaintiff to Drum-rite, purporting to be absolute, but claimed by the plaintiff to have been intended as a mortgage. The defendant, Vaughn, held one hundred and twenty acres under a deed from Drum-rite, but was alleged to have purchased with notice of the plaintiff’s equity.
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Appeal from, Greene Circuit Court. This was a suit brought by Wilson against Drumrite & Yaughn, the object of which was to redeem two hundred acres of land, held under a conveyance from the plaintiff to Drum-rite, purporting to be absolute, but claimed by the plaintiff to have been intended as a mortgage. The defendant, Vaughn, held one hundred and twenty acres under a deed from Drum-rite, but was alleged to have purchased with notice of the plaintiff’s equity. The petition stated that, in 1849, Drumrite sold a land warrant to the plaintiff at the price of $125, to secure the payment of…
1Opinion of the CourtLeonard, Judge
1. In Hargrave and Butler’s notes on Coke’s First Institute, (205, a, Note 96, Book 3,) it is said : “ It may be laid down generally, and subject to very few exceptions, that, wherever a *328conveyance or assignment of an estate is originally intended as a security for money, whether this intention appear from the deed itself or any other instrument, it is always considered in equity as a mortgage, and redeemable even though there is an express agreement of the parties that it shall not be redeemable, or that the right of redemption shall be confined to a particular time, orto a particular…
2Cited by17 opinions
- Lipscomb v. TalbottSupreme Court of Missouri · 1912
- McMillan v. BissellMichigan Supreme Court · 1886
- Worley v. DrydenSupreme Court of Missouri · 1874
- McDowell v. MorathMissouri Court of Appeals · 1896
- Garrison v. SchmickeSupreme Court of Missouri · 1946
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