Legal Opinion

Mercantile-Commerce Bank & Trust Co. v. Howe

Court of Appeals for the Eighth Circuit

Decided August 26, 1940No. 11690Published

1Opinion of the Court

BELL, District Judge.

This is an action brought by appellant as plaintiff against W. H. Howe, individually, and as trustee of the Presbyterian Church of Helena, Arkansas, the appellee, as defendant, to foreclose a mortgage, a deed of trust in form, on the property of the church and to obtain a deficiency judgment against Howe personally. On the death of Howe, subsequent to the trial of the case, Eva M. Howe, administratrix of the estate of W. H. Howe, deceased, was substituted as appellee.

The church is an unincorporated religious association of which S. C. Moore, S. A. Wooten, G. L. Davidson…

2Cases cited9 opinions

  1. Taylor v. Davis' AdministratrixSupreme Court of the United States · 1884
  2. Medlin v. Ebenezer Methodist ChurchSupreme Court of South Carolina · 1925
  3. American Trust Co. v. CanevinCourt of Appeals for the Third Circuit · 1911
  4. Wilson v. Clinton Chapel African Methodist Episcopal Zion ChurchTennessee Supreme Court · 1917
  5. Hunt v. AdamsSupreme Court of Florida · 1933

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