Davis v. Clay

• Decision Date: 30 September 1829
• Citation: 2 Mo. 161
• Parties: DAVIS v. CLAY, EXECUTOR OF MORRISON.
• Court: Missouri Supreme Court

2 Mo. 161

DAVIS

v.CLAY, EXECUTOR OF MORRISON.

Supreme Court of Missouri.

September Term, 1829.

ERROR FROM STE GENEVIEVE CIRCUIT COURT

WASH, J.

In this cause a bill was filed by the complainant against the defendant and one Scott, to foreclose a mortgage, &c. The Circuit Court decreed the foreclosure, sale, &c., from which Davis appealed to this court. The facts are, that on the 22d of June, 1821, the above named defendant, Scott, executed a covenant, real mortgage, or instrument in writing, to the testator, Morrison, in the words following, to-wit: “To all to whom these presents shall come: Whereas, I, John Scott, of the county of Ste. Genevieve and State of Missouri, am justly indebted to Col. James Morrison, of the county of Fayette, in the State of Kentucky, in the sum of three thousand eight hundred and thirty-eight dollars and sixty-six cents, lawful money of the United States, to bear interest from the date hereof; for which sum said Scott has executed his note of equal date with these presents, till full and perfect payment. Now know ye, for the better securing unto the said Morrison, his heirs and assigns, the full and perfect payment of the said sum, on or before the first day of March next ensuing; that I, the said John Scott, for myself, my heirs, executors, and administrators, do covenant, promise and agree to and with the said James Morrison, his heirs, executors, administrators and assigns, that the undivided interest of one-third part of, in and to, a certain tract of land, known by the name of the Saline tract, in the county of Ste. Genevieve and State of Missouri, owned in common with Henry Dodge and the heirs of Edward Hempstead, containing about twelve thousand arpents more or less, being the same that was purchased by said Dodge, Hempstead and Scott, as the property of Mr. Peyroux; and also, as the property of Mr Maxwell, as by deeds of record will fully appear, and every part and parcel thereof shall stand charged and chargeable with, and stand, continue, and be a security unto him the said Morrison, his heirs, executors, administrators and assigns, as well for the payment of the principal as the interest thereon, until the same shall be fully and finally paid and satisfied according to the true intent and meaning of these presents; reserving, however, to the said John Scott, his heirs and assigns, the rents and profits of the said land and saline, above and before secured and mortgaged,” &c. which was regularly acknowledged and...