Schmidt v. Smith
Supreme Court of Missouri
Error to Cole Circuit Court. I. The deed of trust expressly states, that out of proceeds of sale the trustee should pay debts and costs, and the remainder, if any, should be paid to the plaintiff, “ after. paying all amounts expended as aforesaid, for taxes and assessments and other purposes.”
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Error to Cole Circuit Court. I. The deed of trust expressly states, that out of proceeds of sale the trustee should pay debts and costs, and the remainder, if any, should be paid to the plaintiff, “ after. paying all amounts expended as aforesaid, for taxes and assessments and other purposes.” Now there.is no evidence, nor is it contended by the defendant, that they ever paid any taxes or assessments, and we claim that unless the taxes were paid by the beneficiaries in said deed of trust, before the sale by the trustee under the deed of trust, then said taxes were no lien under the deed, and…
1Opinion of the CourtWagNEb, Judge
The facts in this case are briefly these: The plaintiff was indebted on two several promissory notes in the amount of six thousand dollars, and to secure their payment he executed a deed of trust to defendant on certain real estate in Jefferson City. Default’ having been made in the payment of the notes, defendant sold the property for seven thousand dollars, and after satisfying the debt and the expenses of the sale, six hundred dollars remained in the hands of the defendant. This amount he paid to the collector of Jefferson City in satisfaction of taxes assessed against the property.
The…
2Cases cited2 opinions
- Hepburn v. HepburnNew York Surrogate's Court · 1851
- Scott v. ShySupreme Court of Missouri · 1873
3Cited by8 opinions
- City of Jefferson v. WhippleSupreme Court of Missouri · 1880
- Jones v. SheppardMissouri Court of Appeals · 1909
- Frago v. SageMissouri Court of Appeals · 1987
- Willis Lucas Lumber Co. v. NealMissouri Court of Appeals · 1928
- Stark v. LoveMissouri Court of Appeals · 1907
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