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75 Mo. 50

Cass County v. Oldham

Supreme Court of Missouri

Decided October 15, 1881

Supreme Court of Missouri · decided 1881-10-15

— The case was tried before John F. Lawder, Esq., sitting as Special Judge. The omission of the township and range was a mistake of the scrivener; and upon, the evidence it is clear that as between Oldham and the county the mortgage was a good equitable mortgage upon the land in township 44, range 32, and as against them the court should have ordered a reformation. McQuie v. Peay, 58 Mo. 56; Davis v. Clay, 2 Mo. 161;.

Relies on Campbell v. Johnson

Good law ✅— No negative treatment on recordhow we know

Aeeirmed · Decided 1881-10-15

How this case has been cited

Cited by 4 later decisions — most recently March 1928

4 state decisions

2018811890190019101920decided

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.

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Hough, J.

¶1On the 8th day of February, 1869, John Q. Oldham executed a mortgage to Cass county on lands described as follows: "West half of lot 1, northwest quarter section 5, and east half lot 1, northeast section 6. The township and range were both omitted. On April 12th, 1873, Oldham executed a deed of trust on the west half lot 1, northwest quarter section 5, and east half lot 1, northeast quarter section 6, township 44, range 32, in favor of one Henry Freese, to secure the payment of a note therein described, bearing the same date and having nine months to run. In March, 1877, the trustee, in execution of the power conferred upon him, sold the land conveyed by said trust deed, and said Freese became the purchaser. The note executed by Oldham on April 12th, 1873, and secured by the trust deed, was in renewal of a note previously given by Oldham to Freese. The present suit was brought by the county to reform the mortgage given to ]t,_ so as to make it state that the land attempted to be conveyed thereby was in township 44 and range 32 — the same land conveyed to Freese.

¶2The record of the mortgage to the county was not constructive notice to Freese that the land mortgaged to him had been previously mortgaged to the county. Campbell v. Johnson, 44 Mo. 247. There is no evidence that Freese had actual notice of the mortgage to the county, and it would be absurd to say that constructive notice puts a man upon inquiry.

¶3Freese was not only a purchaser without notice, but he was also an incumbrancer for value. “ The giving of further time for the payment of an existing debt, by a valid agreement, for any period however short, is a valuable consideration, and is sufficient to support a mortgage *53as a purchase for a valuable consideration.” Jones on Mortg., §’ 459. The judgment, which was for the defendant, must, therefore, be affirmed.

All concur.
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