Rubey v. Missouri Coal & Mining Co.
Missouri Court of Appeals
Appeal from Macon Circuit Court, Hon. Andrew Ellison, Judge. Statement of case by the court. This is a.n action brought by the assignee of the Macon Savings Bank for the purpose of foreclosing a deed of trust, dated August 24, 1878, executed by the Missouri Coal & Mining’ Company, for the purpose of securing the payment of a promissory note for ten thousand dollars given by said company to the said Macon Savings Bank.
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Appeal from Macon Circuit Court, Hon. Andrew Ellison, Judge. Statement of case by the court. This is a.n action brought by the assignee of the Macon Savings Bank for the purpose of foreclosing a deed of trust, dated August 24, 1878, executed by the Missouri Coal & Mining’ Company, for the purpose of securing the payment of a promissory note for ten thousand dollars given by said company to the said Macon Savings Bank. In the petition it is also alleged as follows: “Plaintiff further states that he is informed and believes that subsequent to said twenty-fourth day of August, 1878, the said…
1Opinion of the CourtHall, J.
— An action under our statutes to foreclose a mortgage or deed of trust is a legal action. Mason Bernard et at., 36 Mo. 384. But the statutory mode of foreclosure is not exclusive. ‘ ‘ It has also been the opinion that, notwithstanding the mode prescribed by the statute, a party might forego the statutory remedy, and pursue his rights in a court of chancery by a bill in equity.” Scott, J., in Riley v. McCord, 24 Mo. 268.
In the latter case it was also said, “when a proceeding to foreclose a mortgage has been had, in order to determine whether it was under the statute or .according to the…
2Cases cited6 opinions
- Wright v. Bircher'sSupreme Court of Missouri · 1880
- Mason v. BarnardSupreme Court of Missouri · 1865
- Rutherford v. StewartSupreme Court of Missouri · 1883
- Prank v. PlayterSupreme Court of Missouri · 1881
- Burnam v. BanksSupreme Court of Missouri · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- People ex rel. Cantrell v. St. Louis, Alton & Terre Haute RailroadIllinois Supreme Court · 1898
- State Tax Commission v. Whitehall Foundation, Inc.Court of Appeals of Maryland · 2001
- Wolff v. WardSupreme Court of Missouri · 1891
- Elliott v. PayneSupreme Court of Missouri · 1922
- Dorsett v. State Ex Rel. PriceSupreme Court of Oklahoma · 1930
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