Mitchell v. Ladew
Supreme Court of Missouri
Appeal from, St. Louis Court of Common Pleas. In- a case where several notes falling due at different times are held by different persons, and are secured by a deed of trust or mortgage, the question is how a,re the proceeds of the property conveyed or mortgaged to be disposed of where they are not sufficient to pay all the notes.
Read the full summary
Appeal from, St. Louis Court of Common Pleas. In- a case where several notes falling due at different times are held by different persons, and are secured by a deed of trust or mortgage, the question is how a,re the proceeds of the property conveyed or mortgaged to be disposed of where they are not sufficient to pay all the notes. The following-cases seem to decide that the proceeds must be disposed of in the payment of the notes as they fall due; that the note or notes first falling due must be paid first, and have priority over those falling due subsequently, unless there is something in…
1Opinion of the CourtWagner, Judge
The plaintiff filed liis petition in the St. Louis Court of Common Pleas to foreclose a deed of trust made by A. P. La-dew to John G. Priest and George Knapp, as trustees to secure the payment of three negotiable promissory notes made by said Ladew to John J. Anderson, which were given for the purchase of property situated in St. Louis county; said notes were dated May 5, 1858, for the sum of four thousand five hundred and sixty-six dollai's and sixty-six cents each, payable in one, two and three years, with interest at six per cent per annum from date. The petition alleges that Ladew paid…
2Cases cited7 opinions
- State Bank v. TweedyIndiana Supreme Court · 1847
- Wilson & Herr v. HaywardSupreme Court of Florida · 1855
- Anderson v. BaumgartnerSupreme Court of Missouri · 1858
- Gwathmeys v. RaglandSupreme Court of Virginia · 1823
- Wood v. TraskWisconsin Supreme Court · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Lawson v. WarrenSupreme Court of Oklahoma · 1912
- Mathews v. SwitzlerSupreme Court of Missouri · 1870
- Hurck v. ErskineSupreme Court of Missouri · 1870
- Thompson v. FieldSupreme Court of Missouri · 1866
20 more not listed; retrieve them via the Exa API.