Legal Opinion

Johnson v. Atchison

Supreme Court of Missouri

Decided October 15, 1886PublishedCited by 3 opinions

Appeal from Jacksoy Circuit Court. — Hon. T. A. Gill, Judge. (1) The statute provides two modes by which deeds of trust, in the nature of mortgages, may be foreclosed: (a) In the same manner, in all respects, as in case of mortgages ; (5) by the trustee according to the terms of the deed of trust; but if the property is bought in at-trustee’s sale by the cestui que trust, his assignee or any other person for them, or either of them, it shall be subject to redemption by-the…

Read the full summary

Appeal from Jacksoy Circuit Court. — Hon. T. A. Gill, Judge. (1) The statute provides two modes by which deeds of trust, in the nature of mortgages, may be foreclosed: (a) In the same manner, in all respects, as in case of mortgages ; (5) by the trustee according to the terms of the deed of trust; but if the property is bought in at-trustee’s sale by the cestui que trust, his assignee or any other person for them, or either of them, it shall be subject to redemption by-the grantor within one year from date of sale, upon payment of the debt and interest, and all legal costs and charges…

1Opinion of the Court

Henry, C. J. —

On the second day of June, 1882, Prances Atchison owned, and her husband joining her in a deed, conveyed lot seventy-five, block four, Whipple’s addition to Kansas City, to Walter Mitchell, who on the next day conveyed it by deed of trust to A. Whipple to secure the payment of his several promissory notes, forty-two in number, given for' the purchase price of said lot, payable to William Atchison, the husband of Prances, one falling due every three months after their date, the second day of June, 1882. By the terms of the deed if any note was not paid at its maturity upon demand…

2Cited by3 opinions

  1. State Ex Rel. Hopkins v. StemmonsMissouri Court of Appeals · 1957
  2. Updike v. Merchants' Elevator Co.Supreme Court of Missouri · 1888
  3. White v. SmithSupreme Court of Missouri · 1903

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API