Curle's Heirs v. Eddy
Supreme Court of Missouri
Appeal from St. Louis Land Court. The facts sufficiently appear in the opinion of the court. I. Oral evidence is admissible to show that a title to real • estate, vested by terms absolute, is nevertheless held as a mere security or in mortgage. (1 Hilliard on Mort. ch. 3, p. 29 and following; Robertson .v. Brant, 16 Mo. 142; 1 Wend., 486 and 437 and cases there cited; Adams’ Eq.
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Appeal from St. Louis Land Court. The facts sufficiently appear in the opinion of the court. I. Oral evidence is admissible to show that a title to real • estate, vested by terms absolute, is nevertheless held as a mere security or in mortgage. (1 Hilliard on Mort. ch. 3, p. 29 and following; Robertson .v. Brant, 16 Mo. 142; 1 Wend., 486 and 437 and cases there cited; Adams’ Eq. Ill, 112, side pages, and notes.) H. When it appears that a title to property is taken in the first instance as a security for a particular debt, if other indebtedness is afterwards created by credits given by the…
1Opinion of the CourtRyland, Judge
This is a suit by the heirs and administrator of Richmond J. Curie, deceased, against Joseph A. Eddy and another, to compel the defendants to convey to them title to a certain tract of land described in the petition, pursuant to their written agreement to that effect, upon the payment of certain moneys specified in the agreement.
The defendants answer and state that they and Richmond J. Curie made a joint purchase of the land, and that Curie, not being in funds, it was agreed that the defendants should advance *120the purchase money ; that the title for Curie’s interest should be conveyed to them…
2Cited by6 opinions
- O'Neill v. CapelleSupreme Court of Missouri · 1876
- John T. Brown, Inc. v. WEBER IMPLEMENT & AUTO. COSupreme Court of Missouri · 1953
- Gee v. NiebergMissouri Court of Appeals · 1973
- Hackett v. WattsSupreme Court of Missouri · 1897
- Irwin v. HubbardIndiana Supreme Court · 1874
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