Butler Building & Investment Co. v. Dunsworth
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Hon. James H. Lay, Judge. (1) By his deed of trust Barnett conveyed the legal title to Perkins, but which he should convey, even without following the strict terms of the deed, and in the event of his refusal to act, the then sheriff Hartsock had the same power.
Read the full summary
Appeal from Bates Circuit Court. — Hon. James H. Lay, Judge. (1) By his deed of trust Barnett conveyed the legal title to Perkins, but which he should convey, even without following the strict terms of the deed, and in the event of his refusal to act, the then sheriff Hartsock had the same power. Schanewerk v. Holer edit, 117 Mo. 22; Lanier v. McIntosh, 117 Mo. 518; Kennedy v. Siemers, 120 Mo. 86; Springfield K. & T. Co. v. Donovan, 120 Mo. 127; Snyder v. Bailroad, 131 Mo. 580. (2) Every condition precedent to a right in the sheriff to make the sale was apparent, and appeared in the notice of…
1Opinion of the CourtG-antt, P. J.
The facts in this case are that Barnett, the owner of a farm, in Bates county, borrowed $1,250 of the Western Farm Mortgage Trust Company, of Lawrence, Kansas, and gave his bond for that amount and coupon interest notes payable semiannually. The mortgage company sold and assigned the bond and guaranteed the principal and interest to one Loomis of New York. Interest coupons numbered 2, 3, 4 and 5 became due and Loomis indorsed them for collection and deposited them in his bank, the Manufacturer’s National Bank of Brooklyn, and the interest was paid by the Western Farm Mortgage *366Company. Whether…
2Cases cited9 opinions
- Sherwood v. SaxtonSupreme Court of Missouri · 1876
- Schanewerk v. HoberechtSupreme Court of Missouri · 1893
- Goode v. ComfortSupreme Court of Missouri · 1866
- Carter v. AbshireSupreme Court of Missouri · 1871
- Chesley ex rel. Self v. ChesleySupreme Court of Missouri · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Benton Land Co. v. ZeitlerSupreme Court of Missouri · 1904
- Petring v. KuhsSupreme Court of Missouri · 1943
- Chandler v. HowardSupreme Court of Missouri · 1958
- Williams v. MacKeyMissouri Court of Appeals · 1933
- Lustenberger v. SarkesianSupreme Court of Missouri · 1938