Bell v. Bell
Missouri Court of Appeals
Appeal from Cedar Circuit Court —Hon. Berry G. Thurman, Judge. (1) The mortgage was an instrument purporting to be under seal, and had a scrawl attached. This made the same a sealed instrument. R, S. 1879, See. 662. Sealed instruments import consideration. Montgomery Co. v. Auchley, 92 Mo. 129. (2) No proof'of consideration is necessary, when plaintiff’s cause of action is founded on an instrument importing consideration. Montgomery Co. v. Auchley, 103 Mo. 499; Homes y.
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Appeal from Cedar Circuit Court —Hon. Berry G. Thurman, Judge. (1) The mortgage was an instrument purporting to be under seal, and had a scrawl attached. This made the same a sealed instrument. R, S. 1879, See. 662. Sealed instruments import consideration. Montgomery Co. v. Auchley, 92 Mo. 129. (2) No proof'of consideration is necessary, when plaintiff’s cause of action is founded on an instrument importing consideration. Montgomery Co. v. Auchley, 103 Mo. 499; Homes y. Farris, 97 Mo. App. 311; Eyerman v. Pirón, 151 M'o. 115. (3) The body of the mortgage deed recites as consideration therefor…
1Opinion of the CourtJohnson, J.
This is a suit to foreclose a mortgage on real estate. Defendants prevailed in the trial court where the cause was tried without a jury. Plaim tiff appealed.
On October 6, 1887, defendant Charles C. Bell borrowed $502.75 from his brother, the plaintiff, and. delivered to his brother his negotiable promissory note for that sum, payable July 1,1888, and bearing ten per cent interest per annum from date. On November 1, 1887, said defendant borrowed $1,305.77 from plaintiff, and gave his note due July 1, 1889, for that amount, with interest at ten per cent per annum from date. December 13th of the…
2Cases cited2 opinions
- Meads v. HutchinsonSupreme Court of Missouri · 1892
- Sparks v. Knight Templars & Masonic Life Indemnity Co.Missouri Court of Appeals · 1895
3Cited by2 opinions
- National City Bank of Chicago v. WagnerCourt of Appeals for the Seventh Circuit · 1914
- Sikes v. ChaneyMissouri Court of Appeals · 1927