Freeman v. Elliott
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Riciiaed Field, judge. (1) This is a case where a deed of trust is made to secure two. different notes, executed by the same party to separate and distinct persons, who are each named in the deed of trust as beneficiaries.
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Appeal from the Saline Circuit Court. — Hon. Riciiaed Field, judge. (1) This is a case where a deed of trust is made to secure two. different notes, executed by the same party to separate and distinct persons, who are each named in the deed of trust as beneficiaries. Under such a deed of trust each beneficiary is entitled to a pro raía share of the proceeds arising from the sale of such property where the proceeds are insufficient to pay both in full. 2 Washburn on Real Prop. [5 Ed.] sec. 35, top p. 148; Jones on Mort., sec. 135; .Jones on Chat. Mort., sec.. '84; Brown v. Bates, 92 Am. Dec.…
1Opinion of the CourtEllison, J.
The question for determination in this case is the proper disposition of the money arising from the sale of land by defendant Elliott, as trustee, under fLeed of trust executed by James P. Summers to E. T. Orear, trustee. Orear declined to serve, and the sale was made by defendant Elliott, the sheriff of Saline county, under the provisions of the deed. The case was tried by the court, upon an agreed statement of facts. The deed of trust was executed by Summers, to secure two negotiable promissory notes of even date, *77made by him,; one was for the sum of $1,400, payable to John W. Robertson and…
2Cases cited8 opinions
- Mitchell v. LadewSupreme Court of Missouri · 1865
- Thayer v. CampbellSupreme Court of Missouri · 1845
- Hurck v. ErskineSupreme Court of Missouri · 1870
- Thompson v. FieldSupreme Court of Missouri · 1866
- Pierce v. ShawWisconsin Supreme Court · 1881
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3Cited by5 opinions
- Stewart v. Omaha Loan & Trust Co.Supreme Court of Missouri · 1920
- Burnes v. BallingerMissouri Court of Appeals · 1898
- Sturgeon Savings Bank v. RiggsMissouri Court of Appeals · 1897
- Ferree v. New York Security & Trust Co.Court of Appeals for the Eighth Circuit · 1896
- New York Security & Trust Co. v. Lombard Inv. Co.U.S. Circuit Court for the District of Western Missouri · 1895