72 Mo. App. 473 | Mo. Ct. App. | 1897
The substance of the petition in this case is, that in 1890 Michael Busch owned thirteen lots in city block 3719; that he mortgaged them to secure his note for $6,000, payable in six months, and then conveyed three of them, to wit, 21, 22, 23, and others not necessary to be specifically described, by warranty deed dated April, 1892, to Peter Richard Kendrick, from whom by mesne conveyances the title was vested in the plaintiff corporation in February, 1897; that all the lots charged with the mortgage were released of that lien, except the three above mentioned, and the three others, to wit, 12, 13 and 14, the title to which passed to defendant Frank Fehlig by sheriff deed April 28, 1896, after a sale under a judgment against the mortgagor Busch; that defendant Theodore Fehlig became the assignee of the mortgaged debt, and thereupon attempted to release the lots purchased by his brother from its lien and throw the whole charge of the debt upon the three lots conveyed to plaintiff; that plaintiff tendered the portion of the mortgaged debt legally chargeable on their lots, which tender was refused and advertisement made of the sale of plaintiff’s lots. The petition prays for an injunction against said sale and for an accounting and decree showing the extent to which plaintiff’s lots were subject to the lien of the mortgage, and for general relief. The answer