Chouteau's v. Burlando
Supreme Court of Missouri
Appeal from Ste. Genevieve Circuit Court. This was a petition filed in March,1854, to foreclose amort-gage executed by Pascal Detchemendy to Pierre Chouteau and others in 1822, to secure various debts owing to the mortgagees in severalty. The mortgage is the same referred to in the cáse of Moreau v. Detchemendy, (18 Mo.
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Appeal from Ste. Genevieve Circuit Court. This was a petition filed in March,1854, to foreclose amort-gage executed by Pascal Detchemendy to Pierre Chouteau and others in 1822, to secure various debts owing to the mortgagees in severalty. The mortgage is the same referred to in the cáse of Moreau v. Detchemendy, (18 Mo. Rep. 522.) The plaintiffs were the mortgagees or their personal representatives, and the defendants were the administrator and heirs of Pascal Detchemendy, the claimants of the land, and a portion of the mortgagees or their representatives, who refused to join as plaintiffs.…
1Opinion of the CourtScott, Judge
1. The sheriff’s deed under the judgment and execution of Menard did not embrace 4426 arpens of the grant to Pascal Detchemendy. This quantity was expressly excepted, and whatever may be the operation of that deed in other respects, yet, being the conveyance of a public officer, acting in invitum on the rights of others, by no rule of construction applicable to *487the voluntary grants of private persons, can it be made to pass an interest which, by the very terms of the instrument, was not designed to be conveyed. This consideration disposes of the defence set up by the respondents, that they…
2Cited by10 opinions
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- Conrad v. FisherMissouri Court of Appeals · 1889
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- Adair v. AdairSupreme Court of Missouri · 1883
- Wilson v. AlbertSupreme Court of Missouri · 1886
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