Gutta Percha Rubber Manufacturing Co. v. Kansas City Fire Department Supply Co.
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court. — Hon. C. L. Dobson, Judge. (1) Tbe trustee, by the terms of the deed of trust was, upon default, entitled to the possession of the mortgaged property. Jones on Chat. Mort.
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Appeal from Jaclcson Circuit Court. — Hon. C. L. Dobson, Judge. (1) Tbe trustee, by the terms of the deed of trust was, upon default, entitled to the possession of the mortgaged property. Jones on Chat. Mort. (3 Ed.), see. 705; Bower v. Benson, 57 Mo. 26; Burnett v. Timberlake, 57 Mo. 499; Sheble v. Curdt, 56 Mo. 437. .(2) The trustee being, under the terms of the mortgage, entitled to the possession of the mortgaged property, and having taken possession of the •same with the consent of the mortgagor, his possession was lawful. (3) When the mortgagor defaulted in the conditions of the deed of…
1Opinion of the CourtGantt, P. J.
Plaintiff began an action against defendant by attachment on April 6, 1894, and on the same *542day garnishment was served on James C. Rieger, the appellant herein. The attachment was sustained and judgment rendered against defendant for $3,628.02.
Subsequently the issue between plaintiff and the garnishee was tried, and judgment rendered against the garnishee on April 11, 1896, for $3,892.86. Erom that judgment this appeal is prosecuted.
The issue arises upon the usual interrogatories propounded to the garnishee, to which he answered at great length “that on the 12th day of December, 1891, James…
2Cases cited5 opinions
- Shelley v. BootheSupreme Court of Missouri · 1880
- Barton v. SitlingtonSupreme Court of Missouri · 1895
- Rock Island National Bank v. PowersSupreme Court of Missouri · 1896
- R. L. McDonald & Co. v. HooverSupreme Court of Missouri · 1898
- Bigelow v. StringerSupreme Court of Missouri · 1867
3Cited by11 opinions
- Johansen Bros. Shoe Co. v. AllesCourt of Appeals for the Eighth Circuit · 1912
- Donk Bros. Coal & Coke Co. v. KinealyMissouri Court of Appeals · 1899
- F. H. Roberts Co. v. Hopkins, Inc.Massachusetts Supreme Judicial Court · 1937
- Hungerford v. GreengardMissouri Court of Appeals · 1902
- Bagley v. HarmonMissouri Court of Appeals · 1901
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