DeLaureal v. Kemper
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Boyle, J. The fraud in the entry of satisfaction must be brought home to the purchaser, or the entry will protect him. —Vallé v. American, etc., Go., 27 Mo. 463. The assignee may protect himself by recording his assignment. —Bank v. Anderson, 14 Iowa, 544; Henderson v. Pilgrim, 22 Texas, 47,6. The note is governed by the law-merchant, and the mortgage by the law of real property. — Potter v. McDowell, 43 Mo. 93: Linvillev.
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Appeal from the St. Louis Circuit Court, Boyle, J. The fraud in the entry of satisfaction must be brought home to the purchaser, or the entry will protect him. —Vallé v. American, etc., Go., 27 Mo. 463. The assignee may protect himself by recording his assignment. —Bank v. Anderson, 14 Iowa, 544; Henderson v. Pilgrim, 22 Texas, 47,6. The note is governed by the law-merchant, and the mortgage by the law of real property. — Potter v. McDowell, 43 Mo. 93: Linvillev. Savage, 58 Mo. 248. The mortgage may be extinguished, and the note secured remain intact. —•' Logan v. Smith, 62 Mo. 455. The…
1Opinion of the CourtLewis, P. J.
This is au action of ejectment. Both parties claim under Michael Fitzpatrick. On May 29, 1872, Fitzpatrick agreed with B. J. Reilly, a real estate and loan agent, for a loan of *79$3,500, and executed his note for that amount, together with interest-notes, payable three years after date, in favor of James Clements, and secured the same by a deed of trust on the lots here in controversy. Clements indorsed the notes, “ without recourse,” and handed them to Reilly, who deliyered the money to Fitzpatrick. In December, 1872, Reilly sold and delivered the notes to J. B. DeLaureal. In 1874, Fitzpatrick…
2Cases cited2 opinions
- Vallé's Administratrix v. American Iron Mountain Co.Supreme Court of Missouri · 1858
- Hancock v. WhybarkSupreme Court of Missouri · 1877
3Cited by3 opinions
- Zervis v. UnnerstallMissouri Court of Appeals · 1888
- David Kellerman & Son v. Kansas City, St. Joseph & Council Bluffs RailroadMissouri Court of Appeals · 1894
- DeGiverville v. LeggMissouri Court of Appeals · 1892