Fowler v. Carr
Missouri Court of Appeals
Appeal from the Bay Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The notice of sale not having been published the requisite length of time, the attempted sale thereunder did not pass the title to the property in controversy. 2 Perry on Trusts [8 Ed.], sec. 602 t; 1, Hilliard on Mortgages [4 Ed.], sec. 20, pp. 142, 143; 11 Jones on'Mortgages [5 Ed.], sec. 1838, .pp. 702, 703, 704; Balridgev.
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Appeal from the Bay Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The notice of sale not having been published the requisite length of time, the attempted sale thereunder did not pass the title to the property in controversy. 2 Perry on Trusts [8 Ed.], sec. 602 t; 1, Hilliard on Mortgages [4 Ed.], sec. 20, pp. 142, 143; 11 Jones on'Mortgages [5 Ed.], sec. 1838, .pp. 702, 703, 704; Balridgev. Walton, 1 Mo. 520; Thornburg v. Jones, 36 Mo. 514; Goff v. Boberts, 72 Mo. 570; Ohnsorg v. Turner, 87 Mo. 127; Bigler v. Waller, 14: Wall. 297; Shillaber v. Bobinson, 92 IT. S. 77. (2) The power to…
1Opinion of the CourtGill, J.
In April, 1891, defendant Carr borrowed of plaintiff Fowler $3,500, for which he gave his note due one year from date, and, to secure the same, executed a deed of trust on certain land in Caldwell county. The debt was not paid at maturity; the trustee sold the land in May, 1892, and plaintiff Fowler became the purchaser for a sum of about $600 in excess of the debt and costs, and this excess was paid over to Carr. At the time the loan was made, as well as at the date of the foreclosure sale, defendant Louk (who is Carr’s son-in-law) was residing with said Carr on the land. At the trial, both…
2Cases cited8 opinions
- Schanewerk v. HoberechtSupreme Court of Missouri · 1893
- Chouteau v. GoddinSupreme Court of Missouri · 1866
- Hayden v. BurkemperSupreme Court of Missouri · 1890
- Salmon v. FewellMissouri Court of Appeals · 1885
- Springfield Engine & Thresher Co. v. DonovanSupreme Court of Missouri · 1894
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3Cited by6 opinions
- Timothy v. HicksMissouri Court of Appeals · 1942
- Young v. GausMissouri Court of Appeals · 1908
- State ex rel. Whitlow v. American Surety Co.Missouri Court of Appeals · 1915
- Hayward v. PoindexterMissouri Court of Appeals · 1921
- Rich v. DonovanMissouri Court of Appeals · 1899
1 more not listed; retrieve them via the Exa API.