Missouri Real Estate Syndicate v. Sims
Supreme Court of Missouri
Appeal from Greene Circuit Court. — No». Jas. T. Neville, Judge. (1) A sale before the debt is due is void. Long v. Long,- 79 Mo. 644; Eitelgeorge v. Assn., 69 Mo. 55. By a foreclosure of a deed of trust the legal title passes to the purchaser, although the sale thereunder may be irregular as not to extinguish the mortgagor’s equity of redemption.
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Appeal from Greene Circuit Court. — No». Jas. T. Neville, Judge. (1) A sale before the debt is due is void. Long v. Long,- 79 Mo. 644; Eitelgeorge v. Assn., 69 Mo. 55. By a foreclosure of a deed of trust the legal title passes to the purchaser, although the sale thereunder may be irregular as not to extinguish the mortgagor’s equity of redemption. Long v. Long, 141 Mo. 352. An agreement made before the time of redemption has expired to allow further time, though made without consideration, can not be disregarded after the time of redemption has passed, but will be enforced by the court. Jones…
1Opinion of the CourtValliant, J.
— This is an appeal from the judgment of the circuit court on sustaining a demurrer to the plaintiff’s petition, the plaintiff declining to plead further.
The cause stated in the petition is an action at law for damages for the breach of a contract to extend a mortgage note.
The substantial averments in the petition are to the effect as follows: On December 12, 1894, one George P. Miller, being then the owner of certain real estate in the city of Springfield, executed his note for $4,000, due in two years, bearing eight per cent interest from date, payable to one George Lawrence, and a deed…
2Cases cited3 opinions
- Sherwood v. SaxtonSupreme Court of Missouri · 1876
- Coleman v. ColeSupreme Court of Missouri · 1900
- Maybee v. MooreSupreme Court of Missouri · 1886
3Cited by23 opinions
- Edwards v. SmithSupreme Court of Missouri · 1959
- Beebe v. the Columbia Axle Co.Missouri Court of Appeals · 1938
- Harper v. Interstate Brewery Co.Oregon Supreme Court · 1941
- Spires v. LawlessMissouri Court of Appeals · 1973
- Peterson v. Kansas City Life InsuranceSupreme Court of Missouri · 1936
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