Boogher v. Frazier
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. J. M. Davis, Judge. (1) The deed of trust from Chinn to Winfrey, and deed of the sheriff (as successor to Winfrey in the trust deed) to plaintiff, and admission of possession by defendant at date of suit, and that the monthly rents were five dollars, made the prima facie case for plaintiffs. Alexander v. Campbell, 74 Mo. 146. (2) Defendant did not acquire the legal title under the sale of the land by Winfrey as trustee.
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Appeal from Carroll Circuit Court. — Hon. J. M. Davis, Judge. (1) The deed of trust from Chinn to Winfrey, and deed of the sheriff (as successor to Winfrey in the trust deed) to plaintiff, and admission of possession by defendant at date of suit, and that the monthly rents were five dollars, made the prima facie case for plaintiffs. Alexander v. Campbell, 74 Mo. 146. (2) Defendant did not acquire the legal title under the sale of the land by Winfrey as trustee. That sale was made at the request of Simpson, who was not the owner of the note secured by the trust deed. Bell & Son were the owners…
1Opinion of the CourtBrace, J.
This is an action in ejectment to recover an eighty-acre tract of land in Carroll county.
On the sixteenth of September, 1873, James F. Chinn, who was then the owner in fee of the premises, and under whom both parties claim, with his wife, executed a deed of trust with power of sale, conveying the same to Samuel Winfrey in trust, to secure Hardin Simpson in the payment of three promissory notes and interest; two for three hundred dollars, each executed by said Chinn, payable to said Simpson, and one for a •thousand dollars, executed by-Wm. M. Kendrick, payable to said Chinn, and by him…
2Cases cited1 opinion
- Bell v. SimpsonSupreme Court of Missouri · 1882
3Cited by17 opinions
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- King v. GuyMissouri Court of Appeals · 1957
- Tooker v. Missouri Power & Light Co.Supreme Court of Missouri · 1935
- Hector v. MannSupreme Court of Missouri · 1910
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