Lewis v. Curry
Supreme Court of Missouri
Appeal from Andrew Circuit Court. — Hon. H. S. Kelley, Judge. On the 5th day of October, 1865, defendant Curry mortgaged the premises in controversy, situated in "Worth county, to plaintiffs Geo. W. Lewis and Samuel A Eichardson.
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Appeal from Andrew Circuit Court. — Hon. H. S. Kelley, Judge. On the 5th day of October, 1865, defendant Curry mortgaged the premises in controversy, situated in "Worth county, to plaintiffs Geo. W. Lewis and Samuel A Eichardson. The mortgage debt not being paid, plaintiffs instituted a suit for foreclosure, and on the 18th day of November, 1875, obtained a decree, on which execution was issued, and under this execution the mortgaged premises were sold on the 24th day of April, 1876, plaintiffs becoming the purchasers. In pursuance of this sale they received a deed from the sheriff of Worth…
1Opinion of the Court
I
Sherwood, C. J.
In order to make a valid mortgage of the homestead, it was not necessary, as the law stood at the time that the mortgage was made, (3 Wag. Stat., 697, § 1,) that the wife should join therein. Eor this reason the mortgage must be adjudged valid, and that it passed whatever of homestead right, if any, which defendant possessed.
II
It is unnecessary to discuss the point whether the mortgage was merged in the judgment of foreclosure or not. There was a judgment of foreclosure; this is admitted, and if such admission had not been made, the deed of the sheriff established the fact;…
2Cases cited6 opinions
- McClure v. McClurgSupreme Court of Missouri · 1873
- McCormick v. FitzmorrisSupreme Court of Missouri · 1866
- Strain v. MurphySupreme Court of Missouri · 1872
- Porter v. MarinerSupreme Court of Missouri · 1872
- Lackey v. SeibertSupreme Court of Missouri · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Boyd v. EllisSupreme Court of Missouri · 1891
- Jones v. NicholsSupreme Court of Missouri · 1919
- State ex rel. Keck v. SeibertSupreme Court of Missouri · 1895
- Charter Oak Land & Lumber Co. v. BippusSupreme Court of Missouri · 1906
- Merryman v. HooverSupreme Court of Virginia · 1907
2 more not listed; retrieve them via the Exa API.