Walton v. Fudge
Missouri Court of Appeals
Appeal from the Bates Circuit Court. — Hon. James H. Lay, Judge. (1) - A mortgage is a conveyance of land as security. — or is an estate in land defeasible by the performance of a condition subsequent. Jones on Mortgages, sees. 1662,1769; Washburn on Real Property, chap. 16, sec. 1; 15 Am. and Eng. Encyclopedia of Law, p. 727, and notes. (2) Statutes relating in terms to mortgages embrace deeds of trust.
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Appeal from the Bates Circuit Court. — Hon. James H. Lay, Judge. (1) - A mortgage is a conveyance of land as security. — or is an estate in land defeasible by the performance of a condition subsequent. Jones on Mortgages, sees. 1662,1769; Washburn on Real Property, chap. 16, sec. 1; 15 Am. and Eng. Encyclopedia of Law, p. 727, and notes. (2) Statutes relating in terms to mortgages embrace deeds of trust. Jones on Mortgages, 1769. Consequently, section 7091 of Revised Statutes of Missouri, 1889, as amended by act of legislature approved March 30, 1893, entitled Mortgages and Deeds of Trust,…
1Opinion of the CourtEllison, J.
This is an action of replevin for a lot of corn, in which plaintiff recovered in the trial court.
Plaintiff is the purchaser of certain lands, under the foreclosure of a trust deed, dated in 1892, to secure a promissory note. Defendant grew the corn as the tenant of the owner, who gave the deed of trust — he having paid all the rent to the owner in advance. The deed of trust was executed and recorded before the defendant’s tenancy began. The foreclosure and sale occurred in the month of August, while the corn was yet standing on the land. The plaintiff claims to be the owner of the corn by his…
2Cases cited4 opinions
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Salmon v. FewellMissouri Court of Appeals · 1885
- Fischer v. JohnsonMissouri Court of Appeals · 1892
- Vogt v. CunninghamMissouri Court of Appeals · 1892
3Cited by7 opinions
- Hendricks v. StewartNorth Dakota Supreme Court · 1925
- Wells v. BenteMissouri Court of Appeals · 1900
- Tillman v. BungenstockMissouri Court of Appeals · 1914
- McCray v. Superannuated Fund of the Evangelical AssnSupreme Court of Minnesota · 1926
- Singer Manufacturing Co. v. ShullMissouri Court of Appeals · 1898
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