Potter v. Schaffer
Supreme Court of Missouri
Appeal from Schuyler Circuit Court. — -No». Nat. M. Shelton, Judge. (1) Plaintiff’s petition does not state facts sufficient to constitute a cause of action. Jopling v. "Walton, 138 Mo. 485. (2) There was no tender in this case. Landis v. Saxton, 89 Mo. 375; Hudson v. Glencoe Gravel Co., 140 Mo. 103; secs. 1565 and 1564, R. S. 1899; Berthold v. Reyburn, 37 Mo. 586; Voss v. McGuire, 26 Mo. App., 452; Woolner v. Levy, 48 Mo.
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Appeal from Schuyler Circuit Court. — -No». Nat. M. Shelton, Judge. (1) Plaintiff’s petition does not state facts sufficient to constitute a cause of action. Jopling v. "Walton, 138 Mo. 485. (2) There was no tender in this case. Landis v. Saxton, 89 Mo. 375; Hudson v. Glencoe Gravel Co., 140 Mo. 103; secs. 1565 and 1564, R. S. 1899; Berthold v. Reyburn, 37 Mo. 586; Voss v. McGuire, 26 Mo. App., 452; Woolner v. Levy, 48 Mo. App. 469. (3) But if there was a tender after default in the payment, still appellant’s deed would he good. A tender after maturity of the amount of the debt secured by a…
1Opinion of the CourtCraves, J.
Plaintiff was the owner of a tract of land in Schuyler county upon which he had given two deeds of trust, the first to secure a note of $1,800, and the second to secure a note of $700. These notes were given to different parties but were both purchased and owned by the defendant. One O. Pigge was the trustee in the deed of trust securing the $700 note. Said Figge at the request of defendant sold the land under such deed of trust and defendant became the purchaser at the price of $800, although plaintiff’s *592equity is shown to have been far in excess of that sum. The sale was made prior to the…
2Cases cited5 opinions
- Whelan v. ReillySupreme Court of Missouri · 1876
- Kline v. VogelSupreme Court of Missouri · 1886
- Stephenson v. KilpatrickSupreme Court of Missouri · 1901
- Philips v. BaileySupreme Court of Missouri · 1884
- Jopling v. WaltonSupreme Court of Missouri · 1897
3Cited by10 opinions
- Hurst Automatic Switch & Signal Co. v. Trust CompanySupreme Court of Missouri · 1921
- Capital City Motors, Inc. v. Thomas W. Garland, Inc.Supreme Court of Missouri · 1962
- MacKey v. DobruckiSupreme Court of Connecticut · 1933
- Burks v. BurksCourt of Appeals of Texas · 1911
- Marshall v. HillSupreme Court of Missouri · 1912
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