Overall v. Ellis
Supreme Court of Missouri
Error to St. Louis Land Court. Plaintiff filed his petition the 14th December, 1855, in the St. Louis Land Court, to foreclose a mortgage upon certain lands in St. Louis township, made by Vespasian Ellis in January, 1839, to secure, among other notes, three notes of five hundred and odd dollars each. The notes and mortgage were executed to John Riggin, mortgagee, who endorsed the said three notes before maturity to Thomas J. Payne for value.
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Error to St. Louis Land Court. Plaintiff filed his petition the 14th December, 1855, in the St. Louis Land Court, to foreclose a mortgage upon certain lands in St. Louis township, made by Vespasian Ellis in January, 1839, to secure, among other notes, three notes of five hundred and odd dollars each. The notes and mortgage were executed to John Riggin, mortgagee, who endorsed the said three notes before maturity to Thomas J. Payne for value. In 1840, before the maturity of said three notes, Thomas J. Payne endorsed and- delivered the said notes to Spalding and Tiffany, to be held by them as…
1Opinion of the CourtBates, Judge
This is a suit brought to foreclose a mortgage of real estate ' against the mortgagor, the vendee of the mortgaged land and the terre tenant.
*326The petition states that the notes upon which the suit is founded, which were a part of those secured by the mortgage, were made by Vespasian Ellis, payable to John Riggin, by him endorsed to Thomas J. Payne, and by him to Spalding and Tiffany, and that the plaintiff’s intestate, Mary Payne, (who was then a femme sole with the name of Mary Jones,) purchased the notes, for value, from Spalding and Tiffany. Mary Jones afterward intermarried with Thomas J.…
2Cited by3 opinions
- Overall v. EllisSupreme Court of Missouri · 1866
- Chiles v. WallaceSupreme Court of Missouri · 1884
- International Harvester Co. v. McLaughlinMissouri Court of Appeals · 1932