Swain v. Bartlett
Missouri Court of Appeals
Error to the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) A surplus which arises after the death of the mortgagor belongs to and is recoverable solely by the heir. Whether it will be treated as personalty or realty, depends upon whether it accrued in the lifetime or after the death of the mortgagor.
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Error to the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) A surplus which arises after the death of the mortgagor belongs to and is recoverable solely by the heir. Whether it will be treated as personalty or realty, depends upon whether it accrued in the lifetime or after the death of the mortgagor. This is a universal rule, and appears to have no exception anywhere, when, as upon the facts disclosed by defendant’s answer, the deed makes no attempt to change the rule of law by stipulating expressly that it shall be payable in another way.. 24 Am. and Eng. Ency. of Law [1 Ed.],…
1Opinion of the CourtEllison, J.
Plaintiffs, Joseph and Laura S. Swain, are the only heirs at law of Elizabeth L. Swain. The latter in her lifetime gave a deed of trust on her real property to defendant Bartlett, as trustee, to secure payment of a note for $500 to the Mutual Benefit Life Insurance Company of New Jersey. Afterwards, said Elizabeth L. Swain died intestate and plaintiffs, Joseph and Laura, in order to pay claims against the estate also executed a deed of trust on the same property to plaintiff, Reid, as beneficiary, for $800. Afterwards, default having been made on the first deed of trust, defendant Bartlett,…
2Cases cited1 opinion
- Franco-American Loan & Building Ass'n v. JoyMissouri Court of Appeals · 1894
3Cited by4 opinions
- American Zinc, Lead & Smelting Co. v. Markle Lead WorksMissouri Court of Appeals · 1903
- Greene v. DavisMissouri Court of Appeals · 1906
- Gee v. LeaverMissouri Court of Appeals · 1913
- State Ex Rel. Mutual Aid Union v. AllenSupreme Court of Missouri · 1923