Long v. Long
Supreme Court of Missouri
Appeal from Knox Circuit Coivrt. — Hon. Ben E. Turner, Judge. A cause entitled as is the present one, and between the same parties litigant, has been before us on two former occasions; and will be found reported in 79 Mo. 644, and in 96 Mo. 180. In the former case, the plaintiff claiming under whát is known as the “Bull” or first deed of trust, though successful in an action of ejectment in the lower court, was defeated in this court, and his suit ordered to be dismissed by…
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Appeal from Knox Circuit Coivrt. — Hon. Ben E. Turner, Judge. A cause entitled as is the present one, and between the same parties litigant, has been before us on two former occasions; and will be found reported in 79 Mo. 644, and in 96 Mo. 180. In the former case, the plaintiff claiming under whát is known as the “Bull” or first deed of trust, though successful in an action of ejectment in the lower court, was defeated in this court, and his suit ordered to be dismissed by the lower court on the ground that no default had occurred in the payment of anything due under that deed of trust, and…
1Opinion of the CourtSherwood, P. J.
The controlling questions in this cause are two, and these: If there are two deeds of trust on the same piece of land, executed by the same debtor to different parties on different dates, and a sale occurs under the first deed of trust, and an agent of the holder of the first deed and notes bids in the property for the amount of the debt, paying no money on his bid, and afterwards quitclaims to the holder of the second debt and deed, who pays in installments the full amount of such debt to such agent, who pays the same over to his principal, and such purchase is made by the junior lienor in…
2Cases cited3 opinions
- Brown v. BowenSupreme Court of Missouri · 1886
- Ryer v. GassMassachusetts Supreme Judicial Court · 1881
- Clark v. WilsonMississippi Supreme Court · 1879
3Cited by5 opinions
- Equitable Trust Co. of New York v. Connecticut Brass & Mfg. Corp.Court of Appeals for the Second Circuit · 1923
- Long v. LongSupreme Court of Missouri · 1897
- Speer v. Home Bank of Forest CityMissouri Court of Appeals · 1918
- O'Meara v. McDermottMontana Supreme Court · 1911
- Farm & Colonization Co. v. MeloySouth Dakota Supreme Court · 1898