Stark Bros. v. Martin
Missouri Court of Appeals
Appeal from Schuyler Circuit Court. — Hon. Hat. M. Shelton, Judge. (1) The instrument and contract sued upon and made the basis of this foreclosure proceeding is in effect an equitable mortgage and amply sufficient as such to charge the land described therein with a lien as against all the defendants and as such should have been admitted in evidence. Stark v. Anderson, 104 Mo.
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Appeal from Schuyler Circuit Court. — Hon. Hat. M. Shelton, Judge. (1) The instrument and contract sued upon and made the basis of this foreclosure proceeding is in effect an equitable mortgage and amply sufficient as such to charge the land described therein with a lien as against all the defendants and as such should have been admitted in evidence. Stark v. Anderson, 104 Mo. App. 128; Martin v. Nixon, 92 Mo. 34; in which were cited among others, McQuie v. Peay, 58 M'o. 56; Racouillat v. Sansevain, 32 Oal. 376; case of Leiweke v. Jordan, 59 Mo. App. 623. Respondents contended in the court…
1Opinion of the CourtEllison, J.
This action was brought to. enforce a lien against real estate. The judgment was for the defendants in the trial court. The plaintiffs appealed the case to the Supreme Court on the ground that title to real estate was involved, but that court was of a different opinion and transferred the case to this court.
The pleadings in the cause are all set forth in plaintiffs’ abstract of the record. There then follows this statement: “Jury waived and cause submitted to the court on the pleadings and evidence in support thereof. And upon the introduction by plaintiffs of the contract filed in said…
2Cases cited2 opinions
- Stark v. ZehnderSupreme Court of Missouri · 1907
- Clay v. Union Wholesale Publishing Co.Supreme Court of Missouri · 1906
3Cited by4 opinions
- City of Macon ex rel. Quincy National Bank v. JaegerMissouri Court of Appeals · 1908
- Phoenix Stone & Lime Co. v. HugginsMissouri Court of Appeals · 1909
- Weber Implement Co. v. HillMissouri Court of Appeals · 1909
- Gray v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909