Pickett v. Jones
Supreme Court of Missouri
Appeal from Jasper Circuit Court. The mortgage deed of H. James to Sparlin Day and Stuart, conveyed to them an estate as mortgagees, coupled with a power. And the effect of their deed to Dustin was to convey the estate and also the power to him, subject only to the right of redemption ; and under that power Dustin had the legal right to convey the property itself without reference to the power, (as such power was coupled with an interest) to plaintiff.
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Appeal from Jasper Circuit Court. The mortgage deed of H. James to Sparlin Day and Stuart, conveyed to them an estate as mortgagees, coupled with a power. And the effect of their deed to Dustin was to convey the estate and also the power to him, subject only to the right of redemption ; and under that power Dustin had the legal right to convey the property itself without reference to the power, (as such power was coupled with an interest) to plaintiff. (Pease vs. Pilot Knob Iron Co., 49 Mo. 127.) Powers given to a mortgagee to sell on default fall under the powers appendant or annexed to the…
1Opinion of the CourtHough, Judge
This was a suit in ejectment to recover the possession of a lot' in the city of Joplin, in Jasper county.
It appears from the record that on the 23d day of January, 1872, the Joplin Mining and Smelting Company sold to one Sparlin the lot in controversy, and having received a part only of the purchase money, executed to him an obligation in writing for a conveyance upon payment of the remainder.
Sparlin made improvements upon the lot, and upon the 26th day of August, 1872, sold the premises to H. James for the sum of $600, and duly assigned to him the contract for title. On the same day James…
2Cases cited5 opinions
- Carpenter v. LonganSupreme Court of the United States · 1873
- Pease v. Pilot Knob Iron Co.Supreme Court of Missouri · 1871
- Thayer v. CampbellSupreme Court of Missouri · 1845
- Lewis v. ChapmanSupreme Court of Missouri · 1875
- Whittelsey v. HughesSupreme Court of Missouri · 1866
3Cited by8 opinions
- Johnson v. JohnsonSupreme Court of Missouri · 1884
- Lanier v. McIntoshSupreme Court of Missouri · 1893
- Wright v. BeardsleySupreme Court of Missouri · 1879
- Kingsland & Ferguson Manufacturing Co. v. ChrismanMissouri Court of Appeals · 1887
- In re MayfieldMissouri Court of Appeals · 1885
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