Hayden v. Burkemper
Missouri Court of Appeals
Writ of Error to the St. Charles Circuit Court. —Hon. W. W. Edwards, Judge. (1) The court erred in refusing the first instruction asked by defendant. It was a correct declaration of law in the case. Jenkins v. McCoy, 50 Mo. 349; Adams v. Leip, 71 Mo. 598; White v. Wear, 4 Mo. App. 341; Harris v. Turner, 46 Mo. 438; Kennett v. Plummer, 28 Mo. 145 \Morgner v. Biggs, 46 Mo. 66 ; McAllister v. Lawler, 32 Mo.
Read the full summary
Writ of Error to the St. Charles Circuit Court. —Hon. W. W. Edwards, Judge. (1) The court erred in refusing the first instruction asked by defendant. It was a correct declaration of law in the case. Jenkins v. McCoy, 50 Mo. 349; Adams v. Leip, 71 Mo. 598; White v. Wear, 4 Mo. App. 341; Harris v. Turner, 46 Mo. 438; Kennett v. Plummer, 28 Mo. 145 \Morgner v. Biggs, 46 Mo. 66 ; McAllister v. Lawler, 32 Mo. App. 91. (2) The court erred in refusing defendant’s second instruction. It was a correct declaration of law in the case. Adams v. Leip, 71 Mo. 597; Jenkins v. McCoy, 50 Mo. 348; Harris r>.…
1DissentThompson, J.
(dissenting). — I do not concur in this opinion. I cannot reconcile it with the doctrine of the following cases: Adams v. Leip, 71 Mo. 597, Jenkins v. McCoy, 50 Mo. 349; Harris v. Turner, 46 Mo. 438; *355McAllister v. Lawler, 32 Mo. App. 91. The mortgagee, after condition broken, is not the beneficial owner of the property; he does not become such until entry or purchase at a foreclosure sale. The legal title passes to him, but only as a security for the debt. Kennett v. Plummer, 28 Mo. 145; White v. Wear, 4 Mo. App. 341. Growing crops are personal property, independent and distinct from the…
2Cases cited6 opinions
- Garth v. CaldwellSupreme Court of Missouri · 1880
- Jenkins v. McCoySupreme Court of Missouri · 1872
- Adams v. LeipSupreme Court of Missouri · 1880
- Harris v. TurnerSupreme Court of Missouri · 1870
- McAllister v. LawlerMissouri Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.