Haley v. Bagley
Supreme Court of Missouri
Appeal from Sullivan Circuit Court. The petition stated that defendant, by his deed of mortgage, conveyed to Charles Haley a tract of land — describing it — upon which stood a steam saw and grist mill, with boilers, machinery, &g., to secure a debt due to said Charles Haley, and that said deed contained a power of sale by said mortgagee, in default of payment.
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Appeal from Sullivan Circuit Court. The petition stated that defendant, by his deed of mortgage, conveyed to Charles Haley a tract of land — describing it — upon which stood a steam saw and grist mill, with boilers, machinery, &g., to secure a debt due to said Charles Haley, and that said deed contained a power of sale by said mortgagee, in default of payment. That it was intended that said deed should convey the mill, with its machinery, &c., but that by mistake, accident or fraud, the deed did not include the mill or machinery in its description. That under the power, Charles Haley sold the…
1Opinion of the CourtWagner, Judge
It appears from the record that Bagley, the respondent, was the owner of certain real estate in Sullivan county, and was indebted to one Charles Haley in the sum of six hundred dollars. That for the purpose of securing the payment of the money so due, he executed and delivered to the said Charles Haley a mortgage on the premises, which mortgage contained a power authorizing him to sell the same, if default was made in the payment of the debt when it matured. The money not being paid at maturity, Haley, in pursuance of the power, proceeded to advertise and sell the property, when W. H. Haley,…
2Cited by6 opinions
- Schlickenmayer v. City of Highland ParkMichigan Supreme Court · 1931
- Oliver v. CliftonSupreme Court of Arkansas · 1894
- Schwickerath v. CookseySupreme Court of Missouri · 1873
- Jackson v. LucasSupreme Court of Alabama · 1908
- Martini v. EmerySupreme Court of Rhode Island · 1916
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