Baker v. Cunningham
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Mon. W. W. Wood, Judge. (1) The mortgagee is entitled to credit for taxes paid. Goocb v. Botts, 110 Mo. 419. (2) Inadequacy of bids does not avoid sale. Vail v. Jacobs, 62 Mo. 130. (3)- The mortgagee is entitled to possession until debt is paid and can not be ejected until then, and limitation does not run while he is in possession. Hubbell v. Moiden, 53 N. Y. 225; Eee v. Swingley, 13 Pac. 375; 15 Am. and Eng. Ency.
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Appeal from Johnson Circuit Court. — Mon. W. W. Wood, Judge. (1) The mortgagee is entitled to credit for taxes paid. Goocb v. Botts, 110 Mo. 419. (2) Inadequacy of bids does not avoid sale. Vail v. Jacobs, 62 Mo. 130. (3)- The mortgagee is entitled to possession until debt is paid and can not be ejected until then, and limitation does not run while he is in possession. Hubbell v. Moiden, 53 N. Y. 225; Eee v. Swingley, 13 Pac. 375; 15 Am. and Eng. Ency. Law (1 Ed.), p. 819. (4) Mere clerical errors in publication, such as could not have misled anyone, will not set aside sale. 26 Am. and Eng.…
1Opinion of the CourtMarshall, J.
This is a suit in equity to cancel a trustee’s deed and to revest title in the plaintiffs. The plaintiff Sarah E. Baker was formerly the wife of Alexander Mc-Causland, and is now the wife of William -Baker, and a daughter and one of the devisees under the will of James E. Cunningham, and her co-plaintiffs are her children begotten of her marriage with Alexander McCausland, and the defendants are the widow and other children of James E. Cunningham, and his executor and the other legatees under his will.
The facts are these: On the twentieth day of March, 1871, Alexander McCausland was the owner…
2Cases cited4 opinions
- Hubbell v. . MoulsonNew York Court of Appeals · 1873
- Turner v. JohnsonSupreme Court of Missouri · 1888
- Stevenson v. EdwardsSupreme Court of Missouri · 1889
- Hannah v. DavisSupreme Court of Missouri · 1892
3Cited by8 opinions
- McCardia v. BillingsNorth Dakota Supreme Court · 1901
- Hoffman v. BighamSupreme Court of Missouri · 1930
- Brewster v. TerrySupreme Court of Missouri · 1944
- Gibson v. PollockMissouri Court of Appeals · 1914
- Roby v. SmithSupreme Court of Missouri · 1914
3 more not listed; retrieve them via the Exa API.