Campbell v. Seeley
Missouri Court of Appeals
Appeal from the Scotland Circuit Court. — Hon. Ben E. Turner, Judge. (1) If appellant honestly beiieved that the debt secured by the trust deed was not due, then respondent could not recover penalty for failing to satisfy same. Wilber v. Pierce, 22 N. W. Rep. 316 ; Canfield v. Conk-ling, 2 N. W. Rep. 191; Huxford v. Kslowj 18 N. W7 Rep. ’ 630; Crumly v. Bardon, 36 N. W. Rep. 19 ; 2 Jones on Mortgages [ 2 Ed.] sec. 991; Burrows n.
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Appeal from the Scotland Circuit Court. — Hon. Ben E. Turner, Judge. (1) If appellant honestly beiieved that the debt secured by the trust deed was not due, then respondent could not recover penalty for failing to satisfy same. Wilber v. Pierce, 22 N. W. Rep. 316 ; Canfield v. Conk-ling, 2 N. W. Rep. 191; Huxford v. Kslowj 18 N. W7 Rep. ’ 630; Crumly v. Bardon, 36 N. W. Rep. 19 ; 2 Jones on Mortgages [ 2 Ed.] sec. 991; Burrows n. Bangs, 34 Mich. 304. (2) If appellant honestly believed that a tender of the amount due and secured by the trust deed had not been made, or a lawful tender had not…
1Opinion of the CourtThompson, J.
This case was before this court on a former appeal, in which we held that the petition stated a good cause of action. Campbell v. Seeley, 38 Mo. App. 298. The original petition, which we held good on that appeal, having got lost, a second petition was filed, which was substantially the same as the original petition. The defendant answered by a general denial, and also by pleading the following as a special defense.
“ Defendant, for further answer, states that he did loan plaintiff $1,500 and took his note for said sum, and to. secure same took from him a trust deed on his land in Scotland…
2Cases cited4 opinions
- Henslee v. CannefaxSupreme Court of Missouri · 1872
- Meader v. MalcolmSupreme Court of Missouri · 1883
- Campbell v. SeeleyMissouri Court of Appeals · 1889
- Wiener v. PeacockMissouri Court of Appeals · 1888