Legal Opinion

State ex rel. Peters v. Koch

Supreme Court of Missouri

Decided March 15, 1871PublishedCited by 6 opinions

Appeal from St. Louis Circuit Court. The sale did not cancel or satisfy the previously existing deed of trust. 1. The bill of sale was not taken or intended as pajrmen-t or satisfaction of the deed of trust; on the contrary, it was founded on a new and distinct consideration. 2. Eichmann having remained in possession, the sale was void (Wagn. Stat. 281, § 10) ; whereas the deed of trust, being acknowledged and recorded, was valid by section 8 of the same act.

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Appeal from St. Louis Circuit Court. The sale did not cancel or satisfy the previously existing deed of trust. 1. The bill of sale was not taken or intended as pajrmen-t or satisfaction of the deed of trust; on the contrary, it was founded on a new and distinct consideration. 2. Eichmann having remained in possession, the sale was void (Wagn. Stat. 281, § 10) ; whereas the deed of trust, being acknowledged and recorded, was valid by section 8 of the same act. (Howell v. Bell, 29 Mo. 137-8.) 3. The deed of trust did not merge in the bill of sale, because, (a) To constitute merger there must be…

1Opinion of the Court

Wagner, Judge,

delivered tbe opinion of tbe court.

Eiebmann was indebted to Peters in tbe sum of $170, and, to secure tbe same, executed a deed of trust on certain furniture in bis bouse. Tbe deed of trust was regularly recorded. Subsequently tbe respondent Koch sued out an attachment against Eiebmann, and caused tbe property conveyed by tbe deed of trust to be levied upon and sold. Tbe trustee named in tbe deed of trust declining to act, Peters filed bis claim under the sheriff’s and marshal’s act, applicable to St. Louis county, and thereupon tbe shSriff took from tbe respondents an…

2Cases cited1 opinion

  1. State ex rel. Hafkemeyer v. McKellopSupreme Court of Missouri · 1867

3Cited by6 opinions

  1. Curry v. LafonMissouri Court of Appeals · 1908
  2. Bassett v. O'BrienSupreme Court of Missouri · 1899
  3. Hospes v. AlmstedtMissouri Court of Appeals · 1883
  4. Siemers v. SchraderSupreme Court of Missouri · 1885
  5. Londoff v. GarfinkelMissouri Court of Appeals · 1971

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