Hill v. Paul
Supreme Court of Missouri
APPEAL from Buchanan Circuit Court. 1. The Circuit Court erred,in giving the instructions asked by the plaintiff,, (below) Paul, and in refusing to give the third instruction asked by the defendant, Hill. — See 1 Dana, 359; 1 Ibid., 166; 4 Bibb, 78. 2. That the Circuit Court erred in overruling the motions for a new trial, and in arrest of judgment. — -See Rev. Stat., 1835, p. 339, sec. 1, 2, and 3 ; Jones vs. Luck, 7 Mo. Rep., 551.
1Opinion of the CourtNapton, Judge
This was a petition to foreclose a mortgage, brought by Paul, the mortgagee, against Mitchell, the mortgagor, and Hill, the occupant of the mortgaged premises.
At the return term of the writ, Hill appeared and pleaded; at the same term a judgment was entered against Mitchell for the sum of money secured by the mortgage and costs, an appearance having been previously entered for Mitchell.
Hill’s plea claimed title in himself, and denied that Mitchell had' any title or interest in the premises. To these pleas replications were filed, and issue taken thereon. The issue was tried by a jury, and,…
2Cases cited2 opinions
- Helm v. Logan's heirsCourt of Appeals of Kentucky · 1815
- Graham v. SamuelCourt of Appeals of Kentucky · 1833
3Cited by4 opinions
- Mann v. BestSupreme Court of Missouri · 1876
- Massey v. HubbardSupreme Court of Florida · 1882
- Merle & Co. v. HascallSupreme Court of Missouri · 1847
- Tate v. SandersSupreme Court of Missouri · 1904