Woods v. Hilderbrand
Supreme Court of Missouri
Error to First District Court. I. A mortgage until foreclosed, or an entry thereunder for a breach of its conditions, is not such an outstanding title as will bar the right of the recovery of possession in ejectment by -the mortgagor against the "world.
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Error to First District Court. I. A mortgage until foreclosed, or an entry thereunder for a breach of its conditions, is not such an outstanding title as will bar the right of the recovery of possession in ejectment by -the mortgagor against the "world. (8 Wend. 616; Kennett v. Plum-mer, 28 Mo. 142 ; 4 Kent, 157 ; 6 Hill, 469 ; 11 Wend. 535 ; Chinnery v. Blackman, 3 Doug. 391; 1 Hill. on -Mortg. 162, § 15 et seq.; Brown v. Snell, 6 Flu. 741; Prescott & Elling-wood, 10 Shepl. 845.) • II. The erasure can not affect the legal title or re-invest the same in any one, or prevent the said sheriff’s…
1Opinion of the CourtBliss, Judge
The plaintiff brings ejectment, and relies upon a sheriff’s deed. He purchased at the sale sundry parcels of land, including the one in controversy, and, after receiving the deed, altered, as is claimed by defendant, the description of one of these parcels, but not the one he seeks to recover in this action. This change in the deed the court held to be fatal, and decided that the whole deed was thereby vitiated, and refused to consider it in passing upon the plaintiff’s title.
The defendant also was permitted to prove that the plaintiff, after receiving the deed, mortgaged the property to one…
2Cases cited7 opinions
- Collins v. TorryNew York Supreme Court · 1810
- Herrick v. MalinCourt for the Trial of Impeachments and Correction of Errors · 1839
- Lewis v. PaynCourt for the Trial of Impeachments and Correction of Errors · 1827
- Withers v. AtkinsonSupreme Court of Pennsylvania · 1832
- McCormick v. FitzmorrisSupreme Court of Missouri · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Robbins v. MageeIndiana Supreme Court · 1881
- Burnett v. McClueySupreme Court of Missouri · 1883
- Pease v. Pilot Knob Iron Co.Supreme Court of Missouri · 1871
- Johnson v. HoustonSupreme Court of Missouri · 1871
- Ambrose Manufacturing Co. v. GapenMissouri Court of Appeals · 1886
23 more not listed; retrieve them via the Exa API.