Warner v. Veitch
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. cited: Pahlman v. Shumway, 24 Ill. 127; Purple Ill. Stat. part 1, p. 642, sec. 1; Wag. Stat. 790, secs. 1, 2, 3; Douglass v. Houston, 6 Ohio, 162; Miami Bank v. Turpin, 3 Ohio, 517; Conrad v. Atlantic Ins. Co., 1 Pet. 443; Massingill v. Downs, 7 Plow. 767 ; McMahon v. Allen, 34 Barb. 56 ; Morrison v. Deaderich, 10 Humph. 342; Dunberry v. Talmage, 32 N. Y. 459-461; Story’s Eq.
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Appeal from St. Louis Circuit Court. cited: Pahlman v. Shumway, 24 Ill. 127; Purple Ill. Stat. part 1, p. 642, sec. 1; Wag. Stat. 790, secs. 1, 2, 3; Douglass v. Houston, 6 Ohio, 162; Miami Bank v. Turpin, 3 Ohio, 517; Conrad v. Atlantic Ins. Co., 1 Pet. 443; Massingill v. Downs, 7 Plow. 767 ; McMahon v. Allen, 34 Barb. 56 ; Morrison v. Deaderich, 10 Humph. 342; Dunberry v. Talmage, 32 N. Y. 459-461; Story’s Eq. Jur., sec. 1, p. 266 ; Brangling v. Barington, 6 B. & C. 475. cited : Grant v. Whitewell, 9 Iowa, 157; 3-Bouv. Inst. 61, 66; Succession of Walsh, 9 La. An. 543 ; Anderson v. The…
1Opinion of the CourtBakewell, J.
This is a proceeding in equity to recover from defendant certain moneys, surplus remaining in his hands after foreclosure of a deed of trust of which he was trustee.
It appears from the pleadings and evidence that, on January 23, 1871, one Everett conveyed to Yeitch a certain lot, in St. Joseph, Missouri, on which Everett was then residing with his family. This conveyance .was in trust to secure to the Covenant Life Insurance Company the payment of a note of $3,000 therein described,- and contained the usual provisions for sale on default of payment. The deed contains the customary clause that…
2Cases cited2 opinions
- Strawbridge v. ClarkSupreme Court of Missouri · 1873
- Reid v. MullinsSupreme Court of Missouri · 1869
3Cited by5 opinions
- Northwestern National Insurance Co. v. MildenbergerMissouri Court of Appeals · 1962
- Grant v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1887
- Stulz v. Citizen's Bank and Trust Co.Missouri Court of Appeals · 2005
- Shaw v. Missouri & Kansas Dairy Co.Missouri Court of Appeals · 1894
- Hawkins v. AlcornMissouri Court of Appeals · 1985