Holmes v. Webb City Building & Loan Ass'n
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division Number Two. — Eon. D'avid E. Blair, Judge. (1) Under the laws of this State, this suit was a proper proceeding to determine tlie rights of the parties in the premises, and the petition of plaintiffs was so drawn, that it was the duty of the court to have found and determined whether the plaintiffs had fully paid the defendants all moneys due it, and if so to have entered a judgment in favor of plaintiffs ordering the…
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Appeal from Jasper County Circuit Court, Division Number Two. — Eon. D'avid E. Blair, Judge. (1) Under the laws of this State, this suit was a proper proceeding to determine tlie rights of the parties in the premises, and the petition of plaintiffs was so drawn, that it was the duty of the court to have found and determined whether the plaintiffs had fully paid the defendants all moneys due it, and if so to have entered a judgment in favor of plaintiffs ordering the cancellation of the deed of trust; and if the court found that any amount was due the defendants, then it was the duty of the…
1Opinion of the CourtSturgis, J.
The plaintiff is a borrower from the defendant building and loan association and seeks to enjoin a sale of his property covered by a deed of trust given to secure payment of the same. A loan was first made, August 24, 1909, for $750'. The plaintiff at the same time took out and pledged to the defendant thirty-eight shares of its installment stock of the value of $100 each when fully paid up. By his note or bond, secured by the deed of trust, plaintiff contracted to pay “first, the sum of nineteen dollars as monthly dues on said thirty-eight pledged shares, second, the further sum of six and…
2Cases cited10 opinions
- Porter v. R. J. Boyd Paving & Construction Co.Supreme Court of Missouri · 1908
- Johnson v. DuerSupreme Court of Missouri · 1893
- McDonnell v. De Soto Savings & Building Ass'nSupreme Court of Missouri · 1903
- Moore v. Cameron Building & Loan Ass'nMissouri Court of Appeals · 1898
- Cover v. Mercantile Mutual Building & Loan Ass'nMissouri Court of Appeals · 1902
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3Cited by2 opinions
- Kelly v. Marshall's Adm'r.Court of Appeals of Kentucky (pre-1976) · 1938
- Brown v. CurtinSupreme Court of Missouri · 1932