Equity Building & Loan Ass'n v. Murphy
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. James T. Neville, Judge. The court erred in giving peremptory instruction. The provisions of the deed of trust create the relation of landlord and tenant between plaintiff and defendants. This relation existed from the time the deed was executed and was a part of the consideration for making the loan.
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Appeal from the Greene Circuit Court. — Hon. James T. Neville, Judge. The court erred in giving peremptory instruction. The provisions of the deed of trust create the relation of landlord and tenant between plaintiff and defendants. This relation existed from the time the deed was executed and was a part of the consideration for making the loan. These parties had the right to make such a contract, and defendants can not repudiate a part of their written agreement and take advantage of the remainder. Such provisions have been uniformly held valid and binding. Wade v. McCormack, 68 Mo. App. 12,…
1Opinion of the Court
Bond, J. —
This is an action for unlawful detainer begun before one justice of Greene county, taken by change of venue to another, and after judgment of dismissal, appealed to the circuit court. On the trial plaintiff adduced evidence tending to prove the allegations contained in the following petition:
“Plaintiff states it is a corporation, organized under the laws of Missouri, and that on the 27th of March, 1893, defendants 'Mary E. and M. J. Murphy executed a deed of trust conveying to R. G. Parker, as trustee, lot 45 in block 3, in Hobart’s second addition to the city of North Springfield,…
2Cases cited4 opinions
- Young v. SmithSupreme Court of Missouri · 1859
- Sexton v. HullMissouri Court of Appeals · 1891
- Lyon v. LaMasterSupreme Court of Missouri · 1890
- Wade v. McCormackMissouri Court of Appeals · 1896
3Cited by5 opinions
- McNeill v. McNeillMissouri Court of Appeals · 1970
- Ray v. BlackmanMissouri Court of Appeals · 1906
- Bierkenkamp v. BierkenkampMissouri Court of Appeals · 1901
- Ball v. KempSupreme Court of Missouri · 1967
- Parsons v. PalmerMissouri Court of Appeals · 1907