Page:Federal Reporter, 1st Series, Volume 8.djvu/317

 CONNEOTICUT MUT. LIFE INS. CO. V. JONES. S03 �But if the territory is, as claimed by the defendant, so broken np, jumbled, and mixed, the several parts together, that there is nothing continuons, of course there can be no Iode extending from one claim to the other. ���CONNECTICUT MuT. LiFE InS. Go. ». JoNES. (Oircmt Court, E. D. Missouri. January 26, 1880.) �1. EVIDBNCB— JUDGMBNT— MeRGKR. �A judgment upon a note merges it, and becomes the only evidence of the debt. �2. PliBADDia — PABTIEb. �ihe wife is not a proper party In an action of ejectment for property in her husband's possession in whicfa she .holds no separate estate in her own name. �8. HOMESTEAD-T-CoinrBTANCB OP. �A homestead may be mortgaged or sold, in Missouri, by.the joint deed of husband and wife. 4. Dbbd of Trust— JuDaMENT—WAiTEE. �The holder of a note waives no rights, under a deed of trust seounng it, by issued. �6. SaMB — IJALI!. �A sale under the dfeed of trust would be valid though made after the execu- tion issued, and before the return-day. �Ejectment. Motion for New Trial. �Overall d Judson, for plaintiff. ' �Thomas S. Espy, iovaeienAiint. �MoCkary, C. J. On the seventh day of Npvember, l867i the d.e!- fendant borrowed from plaintiff $6,000, for which Ije executed bis promissory note, to secure which he and his wife joined in the exe- cution of a deed of trust, by which they conveyed the real estate in question (a lot in the city of St. Lotiis) to one Albert Todd, as trustee. On the nineteenth of April, 1879, plaintiff recovered in this court a judgment at law upon said promissory note for $6,226, upon which execution was issued, and a small sum colleoted by levy upon and sale of Personal property was duly credited upon the judgment. The property covered by the deed of trust is the homestead of the defend- ant. The deed of trust contained a provision in the usual form authorizing the trustee, upon default in payment of the note, to pro- ceed to sell the property, after notice, to the highest bidder for cash. The judgment rendered upon the note being unsatisfied, (except as tb the snaall sum "made upon gehei'al execution,) the plaintiff procured ��� �
 * obtaining judgment thereon against the mak.er,apd having a general execution