King v. Greves & Ruff
Missouri Court of Appeals
Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) The question whether the transaction, was a mortgage or an absolute conveyance is to be determined by what took place at the inception of the instrument. All the authorities agree to this proposition. Bender v. Marltle, 87 Mo. App. 235. (2) The proof to convert an absolute deed into an equitable mortgage must be clear, decisive and beyond the realm of a doubt.
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Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) The question whether the transaction, was a mortgage or an absolute conveyance is to be determined by what took place at the inception of the instrument. All the authorities agree to this proposition. Bender v. Marltle, 87 Mo. App. 235. (2) The proof to convert an absolute deed into an equitable mortgage must be clear, decisive and beyond the realm of a doubt. Turner ®. Kerr, .44 Mo. 529. (3) The court erred in giving a peremptory instruction to the jury that the plaintiff could not recover. A demurrer' to the evidence…
1Opinion of the CourtEllison, J.
One Inskeep was plaintiff’s debtor in
the sum of $709.83. Plaintiff, hearing that he was becoming embarrassed and that executions were being levied upon his property, went to him, either to have him pay or secure his claim. As the result of their meeting and conference, the following instrument was drawn and signed:
“Kansas City, Mo., November 17, 1886.
“Know all men by these presents : That I, J. B. Inskeep, do, on this day and date, in consideration of the sum of $709.83, sell, transfer and deliver to E. King all my right, title and interest in two hundred and thirty-five acres of wheat now…
2Cases cited4 opinions
- O'Neill v. CapelleSupreme Court of Missouri · 1876
- Worley v. DrydenSupreme Court of Missouri · 1874
- Eystra v. CapelleSupreme Court of Missouri · 1876
- St. Louis Agricultural & Mechanical Ass'n v. DelanoMissouri Court of Appeals · 1889
3Cited by2 opinions
- Stafford v. McDonnellSupreme Court of Missouri · 1949
- Whelan v. TobenerMissouri Court of Appeals · 1897