Woodlee v. Burch
Supreme Court of Missouri
Appeal from Third District Court. Tbe facts sufficiently appear in tbe opinion of tbe court. I. After condition broken, tbe mortgagee may take tbe mortgaged property, and will bold it as trustee for tbe mortgagor. II. In this case Burcb was clearly tbe trustee of both Woodlee and tbe beirs of Stemmons, and could take no benefit to bimself from tbe transaction. ( 28 Mo. 106 ; ’37 Mo. 559 ; 2 Sto. Eq. Jur. 1211, 1211 a; 9 Paige, 663 ; id. 237-241; 4 Sand.
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Appeal from Third District Court. Tbe facts sufficiently appear in tbe opinion of tbe court. I. After condition broken, tbe mortgagee may take tbe mortgaged property, and will bold it as trustee for tbe mortgagor. II. In this case Burcb was clearly tbe trustee of both Woodlee and tbe beirs of Stemmons, and could take no benefit to bimself from tbe transaction. ( 28 Mo. 106 ; ’37 Mo. 559 ; 2 Sto. Eq. Jur. 1211, 1211 a; 9 Paige, 663 ; id. 237-241; 4 Sand. Cb. 37;,1 Seld. 256; 4 How. 503; 2 Johns. Cb. 270; Will. Eq. Jim. 605; 2 Cox, 320; 1 Cox, 134; 5 Yes. 707.) HI. He was bound to pay over to…
1Opinion of the CourtBliss, Judge
The appellant filed his petition in equity in the Jasper County ■ Circuit Court, setting forth that defendant was public administrator in charge of .the estate of one Stemmons; that as such administrator he foreclosed a mortgage given by appellant to his decedent, obtained a judgment for over $4,000 and order of sale; that at the sale he himself bid in the property “at a nominal sum,” and soon after sold the same for $4,000 ; and prays that he be decreed to apply the proceeds of the last sale upon the mortgage debt. It appears from the answer and evidence that defendant gave for the land…
2Cases cited5 opinions
- McNair v. BiddleSupreme Court of Missouri · 1843
- Cooley v. RankinSupreme Court of Missouri · 1848
- Pierce v. PotterSupreme Court of Pennsylvania · 1838
- Coffee's Administratrix v. CrouchSupreme Court of Missouri · 1859
- Neil v. ThompsonSupreme Court of Pennsylvania · 1835
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