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Missouri Law Review

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Full-Text Articles in Law

Reception Of The Common Law In Missouri: Section 1.010 As Interpreted By The Supreme Court Of Missouri, Joseph Fred Benson Jun 2002

Reception Of The Common Law In Missouri: Section 1.010 As Interpreted By The Supreme Court Of Missouri, Joseph Fred Benson

Missouri Law Review

This is an article of first impression, the very essence of which is to explore the meaning of Missouri’s reception statute of the common law as embodied within the four corners of Missouri Revised Statutes Section 1.010. How we think of our reception statute and the meaning of the “common law” will, to a degree, shape the future of the law, its institutions, and ultimately our lives. Missouri’s reception of the common law is codified under Missouri Revised Statutes Section 1.010 (2000). This Article discusses the significance of the phrase “fourth year of the reign of James the First” in …


Lenders And Land, Ann M. Burkhart Apr 1999

Lenders And Land, Ann M. Burkhart

Missouri Law Review

Using land to secure loans has been a particularly durable human institution. Mortgages' have existed since antiquity,2 primarily because land generally retains its value and is permanent and immovable. In societies with largely nonmonetary economies, such as feudal England, land also has been particularly valued as a source of livelihood and of power. Therefore, land has been and continues to be desirable security for loans. To retain its utility throughout the centuries, the mortgage necessarily has evolved to reflect changing legal and economic conditions. As is to be expected, the modem American mortgage creates some very different rights and liabilities …