Medsker v. Swaney
Supreme Court of Missouri
Error to First District Court. I. McNees must show himself in a condition to demand a reconveyance of the property according to the terms of the agreement within a reasonable time. Five years is not within a reasonable time. (4 Seld. 219 ; McNew v. Booth, 42 Mo. 189 ; 8 Paige, 257; 14 Pick. 467; 4 Denio, 495; 1 Littell, 190-1; Mackelreth v. Fox, 1 Lead. Cas. in Eq. 150, and notes; 6 Hill, 219.) II.
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Error to First District Court. I. McNees must show himself in a condition to demand a reconveyance of the property according to the terms of the agreement within a reasonable time. Five years is not within a reasonable time. (4 Seld. 219 ; McNew v. Booth, 42 Mo. 189 ; 8 Paige, 257; 14 Pick. 467; 4 Denio, 495; 1 Littell, 190-1; Mackelreth v. Fox, 1 Lead. Cas. in Eq. 150, and notes; 6 Hill, 219.) II. A mortgagee may become the purchaser of the equity of redemption, with the assent of the mortgagor, at his own sale. The pleadings admit that Swaney purchased through Hayden, with the express…
1Opinion of the CourtCurrier, Judge
This is a petition in equity to set aside certain conveyances, and for permission to redeem. The suit was originally instituted by John C. McNees, who subsequently sold out his interest in the suit and cause of action to the present plaintiff, who was thereupon substituted in the place of the original plaintiff.
It appears from the record that McNees, on the 20th of June, 1860, mortgaged the disputed premises to the defendant, Swaney, to secure the payment of the former’s promissory note of that date for $>1,450, payable twelve months after date, with ten per cent, interest. The deed of…
2Cases cited2 opinions
- Howards v. DavisTexas Supreme Court · 1851
- Ives v. AshleyMassachusetts Supreme Judicial Court · 1867
3Cited by7 opinions
- Bales v. PerrySupreme Court of Missouri · 1873
- Kellogg v. CarricoSupreme Court of Missouri · 1870
- Stevenson v. Saline CountySupreme Court of Missouri · 1877
- Masonic Home v. WindsorSupreme Court of Missouri · 1936
- Moore v. RyanMissouri Court of Appeals · 1888
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