Parsons v. Palmer
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) This court has no jurisdiction of a suit in ejectment for the reason that it is a proceeding to try the title to real estate.
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Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) This court has no jurisdiction of a suit in ejectment for the reason that it is a proceeding to try the title to real estate. Kemgelhoefer v. Smith, 171 Mo. 455. (2 ) It was admitted in this case that Dora Palmer, who executed the deed of trust, introduced in evidence, was in possession of the property, and under the express provisions of the deed of trust, she was to and did become the tenant of plaintiff upon his purchase of the real estate at a sale had under and by virtue of the terms of the deed of trust, and that she…
1Opinion of the Court
ELLISON- J.
Plaintiff seeks to obtain possession of certain real estate in Buchanan county, which he alleges the defendant entered against his will and unlawfully detains. The judgment in the trial court was for the plaintiff.
Plaintiff became the purchaser of the property at a sale under a deed of trust executed by defendant, who was admitted to have been the owner, to one Hedenberg. The deed of trust contained the following provision: “And the said party of the first part does further covenant and agree, that if a sale shall be made under the provisions of this deed of trust, then the said…
2Cases cited6 opinions
- Clark v. Covenant Mutual Life InsuranceSupreme Court of Missouri · 1873
- Sexton v. HullMissouri Court of Appeals · 1891
- Hickman v. HickmanMissouri Court of Appeals · 1893
- Equity Building & Loan Ass'n v. MurphyMissouri Court of Appeals · 1898
- Wade v. McCormackMissouri Court of Appeals · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hrovat v. BinghamMissouri Court of Appeals · 1960