Vallé's Administratrix v. American Iron Mountain Co.
Supreme Court of Missouri
Appeal from Washington Circuit Court. This was an action brought by the administratrix of the estate of Charles 0. Vallé, deceased, to foreclose a mortgage.
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Appeal from Washington Circuit Court. This was an action brought by the administratrix of the estate of Charles 0. Vallé, deceased, to foreclose a mortgage. The petition set forth that said Vallé owned an un-diyided one-seventh of a tract of 20,000 arpens situate in St. Eran§ois county; that said Vallé sold and conveyed his said interest to John L. Van Doren, defendant in this suit, for $30,000; that on the same day Van Doren mortgaged the same to secure said purchase money; that Van Doren paid no part of the purchase money; that the American Iron Mountain Company holds title under Van Doren…
1Opinion of the CourtNapton, Judge
Two of the points made in this case relate merely to the forms which the proceedings assumed, and their decision either way can not terminate the controversy,.or, indeed, have any material effect upon the result. The plaintiff insists that under the answer put in by the defendants no proof is admissible but of actual payment of the mortgage debt, and *458that the court should have excluded all proof concerning the entry of satisfaction by the plaintiff’s attorney upon the margin of the record, the power of attorney under which this entry was made, and the delivery of the notes secured by the…
2Cited by8 opinions
- Joerdens v. SchrimpfSupreme Court of Missouri · 1883
- Lanier v. McIntoshSupreme Court of Missouri · 1893
- Seiberling, Miller & Co. v. TiptonSupreme Court of Missouri · 1893
- State v. HillSupreme Court of Missouri · 1877
- Swaner v. Union Mortgage CoUtah Supreme Court · 1940
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