McQuie v. Peay
Supreme Court of Missouri
Appeal from Pike Circuit Court. I. The execution of the deed of trust from Matilda and George W. Peay and Cyrus W. Williams and wife, although the name of the trustee was omitted, created an equitable mortgage, and a court of equity will treat it as such and subject the land to the payment of the notes. (Davis vs. Clay, 2 Mo., 161; MeOlurg vs. Phillips, 49 Mo., 315; Burnside vs. Wayman, Id., 356; Abbott vs. Godfrey’s heirs, 1 Mich., 178; 3 Pow.
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Appeal from Pike Circuit Court. I. The execution of the deed of trust from Matilda and George W. Peay and Cyrus W. Williams and wife, although the name of the trustee was omitted, created an equitable mortgage, and a court of equity will treat it as such and subject the land to the payment of the notes. (Davis vs. Clay, 2 Mo., 161; MeOlurg vs. Phillips, 49 Mo., 315; Burnside vs. Wayman, Id., 356; Abbott vs. Godfrey’s heirs, 1 Mich., 178; 3 Pow. Mort., -p. 1049; 7 Ohio, 68; 10 Ohio, 325; .Daggett vs. Rankin,-31 Cal., 321; Racouillot vs. Sausevain, 3 2 Cal., 376.) II. The real- estate was her…
1Opinion of the CourtWagner, Judge
The record discloses the following facts: On the 22d day of November, 1869, George W. Peay and Cyrus W. Williams, two of the defendants in this suit, borrowed of Wm. A. McQuie, one of the plaintiffs, the sum of twelve hundred dollars, and executed their note therefor. On the same day they borrowed a like sum of Mary C. Eoley, and executed their note for the same. At that time Matilda Peay, wife of Geo. W. Peay, owned and possessed as her separate property a tract of land adjoining Bowling Green, containing twenty acres. To secure the payment of these notes, Matilda Peay and Geo. W., her…
2Cases cited5 opinions
- Drury v. FosterSupreme Court of the United States · 1865
- McClurg v. PhillipsSupreme Court of Missouri · 1872
- Burnside v. WaymanSupreme Court of Missouri · 1872
- Benton v. CraigSupreme Court of Missouri · 1830
- Stevenson v. SteinbergCalifornia Supreme Court · 1867
3Cited by18 opinions
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- Turner v. ShawSupreme Court of Missouri · 1888
- Dulaney v. WillisSupreme Court of Virginia · 1898
- Bevin v. PowellMissouri Court of Appeals · 1881
- Hord v. TaubmanSupreme Court of Missouri · 1883
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