McAllister v. Lawler
Missouri Court of Appeals
Appeal from the Pilce Circuit Court. — Hon. E. M. , Hughes, Judge. The wheat in controversy was growing upon the mortgaged premises, and was not mature at the time of the foi’eclosure sale under the deed of trust, to-wit, on March 8, 1886, and the plaintiff by her purchase at said sale acquired the title to the wheat. Salmon o. Feioell, 17 Mo.
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Appeal from the Pilce Circuit Court. — Hon. E. M. , Hughes, Judge. The wheat in controversy was growing upon the mortgaged premises, and was not mature at the time of the foi’eclosure sale under the deed of trust, to-wit, on March 8, 1886, and the plaintiff by her purchase at said sale acquired the title to the wheat. Salmon o. Feioell, 17 Mo. App. 118 ; Sheparcl v. Philbriclc, 2 Eenio, 175 ; Lane v. King, 8 Wend. 584; Jones v. Thomas, 8 Blackf. 428; Jones on Mortgages, sec. 697. By the foreclosure sale the relation of mortgageor .and mortgagee ceased, and the title to the land and the…
1Opinion of the CourtPeers, J.
This is an action in replevin for a crop of wheat standing in the shock, which plaintiffs claim by reason of their ownership of the land on which the wheat was grown. The suit was begun in Ralls county on the thirtieth day of June, 1886, and by change of venue transferred to and tried in the circuit court of Pike county. Prom the record it seems that plaintiffs had a deed of trust on the land given by defendants on the fourth of September, 1883, which was foreclosed by the trustee on the eighth of March, 1886, and the plaintiffs became the purchasers. At this time the wheat crop in…
2Cases cited4 opinions
- Jenkins v. McCoySupreme Court of Missouri · 1872
- Salmon v. FewellMissouri Court of Appeals · 1885
- Adams v. LeipSupreme Court of Missouri · 1880
- Harris v. TurnerSupreme Court of Missouri · 1870
3Cited by10 opinions
- Phillips v. KeysawSupreme Court of Oklahoma · 1899
- Mine LaMotte Lead & Smelting Co. v. WhiteMissouri Court of Appeals · 1904
- Edwards v. EvelerMissouri Court of Appeals · 1900
- Hayward v. PoindexterMissouri Court of Appeals · 1921
- Watson v. MenteerMissouri Court of Appeals · 1894
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