Legal Opinion

Sturgeon Savings Bank v. Riggs

Missouri Court of Appeals

Decided November 22, 1897PublishedCited by 5 opinions

Appeal from the Boone Circuit Court. — Hon. Jno. A. Hookaday, Judge. A very different question arises in this case from that presented in the Ferguson*s Estate, 124 Mo. 574, and similiar cases. All of those cases follow Mitchell v. Ladew, 36 Mo. 526. The identical point was then decided in that case favorably to plaintiff’s contention by the supreme court. Mathews v. Bioitsler, 46 Mo. 301; Hanson v. Manley, 33 N. W. Rep.

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Appeal from the Boone Circuit Court. — Hon. Jno. A. Hookaday, Judge. A very different question arises in this case from that presented in the Ferguson*s Estate, 124 Mo. 574, and similiar cases. All of those cases follow Mitchell v. Ladew, 36 Mo. 526. The identical point was then decided in that case favorably to plaintiff’s contention by the supreme court. Mathews v. Bioitsler, 46 Mo. 301; Hanson v. Manley, 33 N. W. Rep. (Iowa) 357; 2 Cobbey on Chattel Mortgages, sec. 980. It is settled law of this state that when a deed of trust is executed to secure the payment of two or more notes maturing…

1Opinion of the CourtEllison, J.

This action is to recover the balance alleged to be due on a note of $1,800 given to plaintiff by defendant Lizzie Riggs, S, P. Hudson and Fannie L. Hudson, said Lizzie’s maiden name being Lizzie Hudson. The judgment in the trial court was for defendants.

The case as presented by the pleadings and as tried in the circuit court involves the application of proceeds of a sale of land under a deed of trust, and when stripped of some confusing statements as to other deeds of trust not here in question, may be stated as follows: S. P. Hudson, Fannie L. Hudson, Lizzie Riggs (defendant) and another…

2Cases cited3 opinions

  1. Mitchell v. LadewSupreme Court of Missouri · 1865
  2. Mathews v. SwitzlerSupreme Court of Missouri · 1870
  3. Freeman v. ElliottMissouri Court of Appeals · 1891

3Cited by5 opinions

  1. J. I. Case Threshing Machine Co. v. MatthewsMissouri Court of Appeals · 1915
  2. Henry v. SaffordMissouri Court of Appeals · 1922
  3. Miller v. WhiteCourt of Appeals of Texas · 1924
  4. Hutchings v. ReinhalterSupreme Court of Rhode Island · 1902
  5. Jenkins v. MorganCourt of Appeals of Texas · 1916

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