Updike v. Merchants' Elevator Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The relation was good as against the several causes alleged in the demurrer of defendant, and the demurrer should have been overruled, and the judgment thereon should not have been for the defendant but for the plaintiff.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The relation was good as against the several causes alleged in the demurrer of defendant, and the demurrer should have been overruled, and the judgment thereon should not have been for the defendant but for the plaintiff. Thornton v. Irwin, 43 Mo. 153 ; Allen v. Hanson, 44 Mo. 263 ; Reddick v. Gressman, 49 Mo. 389 ; Gaines v. Allen, 58 Mo. 537; Chandler v. Higgins, 109 111. 602, 610 ; McCullough v. Rose, 4 Brad. 149, 152 ; Hailey v. Abbott, 40 Ark. 275, 282; Ten Eyck v. Cased, 15 Iowa, 524 ; 2 Jones Mortg. [2 Ed.] sec.…
1Opinion of the CourtBlack, J.
This was a suit to redeem from a sale under a deed of trust. The case' is here on appeal from a final judgment sustaining a demurrer to the petition.
The material facts are these : The Union Steam Mills Company made two deeds of trust on the property to secure different debts, one dated March 24, 1880, and the other the twentieth of July, 1882. There was a sale by the trustee under the second deed of trust, and by mesne conveyances the title to the property, subject to the first deed of trust, became vested in Lockwood as assignee of the Union Flour Mills Company. The title stood in this…
2Cases cited1 opinion
- Johnson v. AtchisonSupreme Court of Missouri · 1886
3Cited by8 opinions
- State Ex Rel. Hopkins v. StemmonsMissouri Court of Appeals · 1957
- Vanmeter v. DarrahSupreme Court of Missouri · 1893
- White v. HuffmanMissouri Court of Appeals · 1957
- Moss v. KingSupreme Court of Missouri · 1908
- White v. SmithSupreme Court of Missouri · 1903
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