Marston v. Catterlin
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Eon. G. A. Calvird, Judge. (1) When, the defendant Catterlin acquired the Bates County land by purchase under the foreclosure of the Kerns deed of trust, he became a constructive trustee thereof and held the property for the plaintiff.
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Appeal from Bates Circuit Court. — Eon. G. A. Calvird, Judge. (1) When, the defendant Catterlin acquired the Bates County land by purchase under the foreclosure of the Kerns deed of trust, he became a constructive trustee thereof and held the property for the plaintiff. Marston v. Catterlin, 239 Mo. 390; Eoff v. Irvine, 108 Mo. 383; Cameron v. Lewis, 56 Miss. 82; Winn v. Dillon, 27 Miss. 496; Olson v. Lamb, 56 Neb. 104; Galbraith v. Elder, 8 Watts (Pa.), 81; Henry v. Baiman, 25 Pa. St., 354; Smith v. Brotherline, 62 Pa. St. 461; Ainsworth v. Harding, 22 Idaho, 645; Davis v. Smith, 43 Vt. 269;…
1Opinion of the CourtWilliams, J.
— This is a proceeding by a supplemental bill to have the title to certain land decreed to be in the plaintiff or, if the land should be found to be beyond the reach of the court, then to have the defendant Catterlin account to the plaintiff for the proceeds of the sale of said land. This is the second appeal in the case. The first appeal is reported in the 239th Missouri Eeport, at page 390. The opinion in that case should be read in connection with this opinion in order to have a correct understanding of the facts. Upon the first appeal, this court reversed the judgment of the trial court…
2Cases cited9 opinions
- Stanley v. SchwalbySupreme Court of the United States · 1896
- Hendricks v. CallowaySupreme Court of Missouri · 1908
- Mason v. BlackSupreme Court of Missouri · 1885
- Freeman v. MoffittSupreme Court of Missouri · 1893
- Mann v. BestSupreme Court of Missouri · 1876
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3Cited by3 opinions
- McAboy v. PackerSupreme Court of Missouri · 1945
- Marston v. CatterlinSupreme Court of Missouri · 1921
- Hunott v. CritchlowSupreme Court of Missouri · 1955