Bunn v. Lindsay
Supreme Court of Missouri
Appeal from, BeEaTb Circuit Court.- — Hon. Joseph P. G-bubb, Judge. (1) Appellant having paid off the mortgage t© the St. Joseph Building Company at the request of respondent Lindsay, and pursuant to an express understanding with Lindsay that he should be secured by a first lien upon the land, which should take the place of, and be' equal in extent to, the lien so paid off, and having failed to secure such lien on account of mere oversight or mistake in not having discovered…
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Appeal from, BeEaTb Circuit Court.- — Hon. Joseph P. G-bubb, Judge. (1) Appellant having paid off the mortgage t© the St. Joseph Building Company at the request of respondent Lindsay, and pursuant to an express understanding with Lindsay that he should be secured by a first lien upon the land, which should take the place of, and be' equal in extent to, the lien so paid off, and having failed to secure such lien on account of mere oversight or mistake in not having discovered the Paramore judgment, he will be relieved in equity by being subrogated, to the extent of such payment, to the…
1Opinion of the CourtBrace, J.
On the fifth day of September, 1873, .John M. Lindsay, being the owner in fee of the undivided • half of section 8, township 59, range 32, in DeKalb county, executed his note of that date to the St. Joseph Building Company for .the sum of six thousand dollars, and on the same day, with his wife, executed a deed of trust on said undivided half of said section to secure the payment of said note, which was recorded on the ninth day of September, 1873, in said county. On the first day of December, 1873, the said Lindsay executed his note, payable to the order of Joel T. Smith, six months after…
2Cases cited9 opinions
- Price v. CourtneySupreme Court of Missouri · 1885
- Wolff v. WalterSupreme Court of Missouri · 1874
- Wooldridge v. ScottSupreme Court of Missouri · 1879
- Finnegan v. PrindevilleSupreme Court of Missouri · 1884
- Black v. CurranSupreme Court of the United States · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Ethridge v. Tierone BankSupreme Court of Missouri · 2007
- Bank of America, NA v. Prestance Corp.Washington Supreme Court · 2007
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- Capen v. GarrisonSupreme Court of Missouri · 1906
- Anthony v. RiceSupreme Court of Missouri · 1892
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