Union Central Life Insurance v. Rogers
Supreme Court of Missouri
Appeal from Monroe Circuit Court. — Hon. Reuben F. Roy, Judge. (1) It is alleged that on the day of the sale, notice of defendant’s intention to redeem, was given plaintiff’s representative and witnesses Rogers and Creigh both testified that such notice was given. There was proof offered on every material point and defendant was entitled to have the case submitted to the jury.
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Appeal from Monroe Circuit Court. — Hon. Reuben F. Roy, Judge. (1) It is alleged that on the day of the sale, notice of defendant’s intention to redeem, was given plaintiff’s representative and witnesses Rogers and Creigh both testified that such notice was given. There was proof offered on every material point and defendant was entitled to have the case submitted to the jury. (2) The trial judge sustained the demurrer to the evidence because notice of intention to redeem was not given to the trustee. It is not required by the statutes. The beneficiary is the party in interest and not the…
1Opinion of the CourtBurgess, J.
This is a suit in ejectment to recover the possession of a large farm in Monroe county. The petition is in the usual form, and alleges that plaintiff was the owner and entitled to the possession of the land on the first day of November, 1896, and that defendant on that day entered into the possession of the same and unlawfully withholds the possession thereof from plaintiff.
The answer alleges that the land in question was conveyed by defendant to a trustee to secure to plaintiff a large sum of money, to-wit, $16,000. That after default was made in the payment of the money when it became due,…
2Cases cited4 opinions
- Updike v. Merchants' Elevator Co.Supreme Court of Missouri · 1888
- Vanmeter v. DarrahSupreme Court of Missouri · 1893
- Rafferty v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Godfrey v. StockSupreme Court of Missouri · 1893
3Cited by3 opinions
- Evans v. United States Fidelity & Guarantee Co.Missouri Court of Appeals · 1917
- Reiger v. FaberMissouri Court of Appeals · 1906
- Walmsley v. DoughertySupreme Court of Missouri · 1901