Public-domain · open source
OpenJurist

33 Mo. App. 505

Sparks v. Brown

Missouri Court of Appeals

Decided December 20, 1888

Missouri Court of Appeals · decided 1888-12-20

— Hon. C. W, Sloan, Judge. Statement by the court. This was an action of replevin for the recovery of the possession of two mules. The answer admitted the possession of the mules by Wert as the agent of the defendant Brown at the institution of the suit, and also that the property was of the value alleged in the petition, and denied generally the other allegations of the petition. The mules were originally the property of Lemuel Bailey.

Relies on Baile v. St. Joseph Fire & Marine Insurance · Clark v. . Gilbert · Goodheart v. Johnson

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1888-12-20

How this case has been cited

Cited by 5 later decisions — most recently July 1994

1 federal appellate · 4 state decisions

20188818901900191019201930194019501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Hall, J.

¶1Two questions arise on the record in this case. They are, (1) where a mortgage appears upon its face to secure an absolute debt, such as a note described therein, is parol evidence admissible to show that the note and mortgage were in fact given to secure a contingent liability of the mortgagee as the mortgagor’s surety to an amount not greater than said debt ? (2) In the absence of fraud is such a mortgage valid against a subsequent mortgage? Both of these questions must be answered in the affirmative on the authority of the following cases: McKinster v. Babcock, 26 N. Y. 280; Lawrence v. Tucker, 23 How. [U. S.] 14 ; Goodheart v. Johnson, 88 Ill. 61. As to the first question, see also, Jones on Chatt. Mort. sec. 90; Foster v. Reynolds, 38 Mo. 553 ; Baile v. Ins. Co., 73 Mo. 386. And as to the second question, see also, Blincoe v. Lee, 12 Bush (Ky.) 358; Varney v, Hames, 68 Mo. 442; Jones on Chat. Mort. secs. 82 and 88.

¶2Judgment reversed and cause remanded.

All concur.
/33/moapp/505 · .json · Public domain