In re the Life Ass'n of America
Supreme Court of Missouri
Error to St. Louis City Circuit Court. — Hon. Geo. W. Lubke, Judge. (1) The “ net income realized from the property as the rents,” was a subject of conveyance to secure payment of the mortgage debt. Rents to be acquired in the future,.as other future property, not yet in esse, but having a potential existence, are capable of being subject of agreement of sale and of mortgage. Holroyd r.
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Error to St. Louis City Circuit Court. — Hon. Geo. W. Lubke, Judge. (1) The “ net income realized from the property as the rents,” was a subject of conveyance to secure payment of the mortgage debt. Rents to be acquired in the future,.as other future property, not yet in esse, but having a potential existence, are capable of being subject of agreement of sale and of mortgage. Holroyd r. Marshall, 10 H. L. Cas. 191; Jessup v. Bridge, 11 Iowa, 572 ; Dunham v. Isett, 15 Iowa, 284 ; Railroad v. Menzies, 26 111. 121; Pulían v. Railroad, 5 Biss. 237 ; 2 Story Eq. Jur., secs. 1021, 1231; Regard v.…
1Opinion of the CourtBlack, J.
The petitioner, M. A. Rosenblatt, filed two applications in the matter of the Life Association of America, asking that the superintendent of insurance be required to pay to him the net rents arising from property known as the Masonic Building. The court declined to make the orders prayed for, or either of them, and he appealed.
These claims for the rents grow out of the following agreed facts : The Masonic Hall Association owned a parcel of ground in St. Louis, and the building thereon ; and on the first of June, 1869, made a deed of trust to secure the payment of one hundred and forty bonds…
2Cases cited3 opinions
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- American Bridge Co. v. HeidelbachSupreme Court of the United States · 1877
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- St. Louis National Bank v. FieldSupreme Court of Missouri · 1900
- Pence v. Gabbert's AdministratorMissouri Court of Appeals · 1897
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