Thompson v. Field
Supreme Court of Missouri
Error to Lafayette Circuit Court. The plaintiff in error, who was also the plaintiff in the court below, commenced suit, returnable to the May term of the Lafayette Circuit Court, in the year 1864, on a promissory note for ten thousand dollars, secured by mortgage on real and personal property; the suit was to have the mortgage foreclosed.
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Error to Lafayette Circuit Court. The plaintiff in error, who was also the plaintiff in the court below, commenced suit, returnable to the May term of the Lafayette Circuit Court, in the year 1864, on a promissory note for ten thousand dollars, secured by mortgage on real and personal property; the suit was to have the mortgage foreclosed. The mortgage was executed by the defendants, Francis M. Field and his wife Sarah Field, to secure the payment of three several promissory notes, each for ten thousand dollars; one of these notes was assigned to plaintiff, one to the defendants Charles D.…
1Opinion of the CourtHolmes, Judge
The material question submitted for decision in this case is whether the proceeds of the sale, under the decree of foreclosure of the mortgage, are to be applied to the payment of the several notes in the order in which they became due, or are to be distributed pro rata. This question was decided in the case of Mitchell v. Ladew, 36 Mo. 526, upon a full consideration of the authorities. We have been asked to review that decision, and the matter has been re-argued with much learning and ability; but we see no good ground, on principle or authority, for departing from the conclusion then…
2Cases cited1 opinion
- Mitchell v. LadewSupreme Court of Missouri · 1865
3Cited by14 opinions
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- Farmers' Nat. Bank of Tecumseh v. McCallSupreme Court of Oklahoma · 1910
- Frost v. FisherColorado Court of Appeals · 1899
- Hurck v. ErskineSupreme Court of Missouri · 1870
- Stewart v. Omaha Loan & Trust Co.Supreme Court of Missouri · 1920
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