Vanmeter v. Darrah
Supreme Court of Missouri
Appeal from Harrison Circuit Court. — Hon. Chas. H. S. Goodman, Judge. (1) When land is sold under a deed of trust and bought in by the beneficiary, the mortgagor has the right to redeem the same within one year from the date of the sale. Revised Statutes, 1879, sec. 3298. (2) Bond must be given to redeem and to stay waste, but no particular time for giving such bond is specified, then reasonable time must be presumed.
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Appeal from Harrison Circuit Court. — Hon. Chas. H. S. Goodman, Judge. (1) When land is sold under a deed of trust and bought in by the beneficiary, the mortgagor has the right to redeem the same within one year from the date of the sale. Revised Statutes, 1879, sec. 3298. (2) Bond must be given to redeem and to stay waste, but no particular time for giving such bond is specified, then reasonable time must be presumed. Revised Statutes, 1879, sec. 3299; Johnson v. Atchison, 90 Mo. 48; Updikev. Merchants’ JE. Co., 96 Mo. 160. (3) The trustee’s deed was illegal and improperly admitted in…
1Opinion of the CourtMacfablane, J.
The suit is ejectment to recover eighty acres of land in Harrison county. The answer, after admitting possession, set up as a special defense, and the evidence substantially showed, that on May 13, 1886, defendant made and delivered to plaintiff a deed of trust by which he conveyed the land to one Woodruff as trustee to secure to plaintiff two notes, each for $175, dated April 1,1886, one due in one and the other in two years after date, with ten per cent, interest per annum from date, and providing that' in case of a failure to pay either note or interest, then the other to become due, and…
2Cases cited5 opinions
- Bevin v. PowellMissouri Court of Appeals · 1881
- Updike v. Merchants' Elevator Co.Supreme Court of Missouri · 1888
- Bevin v. PowellSupreme Court of Missouri · 1884
- Meyer v. KuechlerMissouri Court of Appeals · 1881
- Dawson v. EggerSupreme Court of Missouri · 1888
3Cited by8 opinions
- Grandin v. EmmonsNorth Dakota Supreme Court · 1901
- Reilly v. PhillipsSouth Dakota Supreme Court · 1894
- Barber v. Federal Land Bank of HoustonCourt of Appeals of Texas · 1947
- Moss v. KingSupreme Court of Missouri · 1908
- White v. SmithSupreme Court of Missouri · 1903
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