Dalton v. Eaves
Missouri Court of Appeals
Appeal from Dent Circuit Court. — Hon. Leigh B. Woodside, Judge. (1) Tbe deed of trust bad no provision “that the whole amount shall become due and payable” on the failure to pay the first note.
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Appeal from Dent Circuit Court. — Hon. Leigh B. Woodside, Judge. (1) Tbe deed of trust bad no provision “that the whole amount shall become due and payable” on the failure to pay the first note. The clause “the whole shall become due and payable and” was stricken out by the mortgagor, clearly showing that he did not intend to contract and did not contract that the deed of trust might be foreclosed on the failure to pay any one of the notes when the same became due, before the whole debt matured. Since the deed of trust did not contain this provision, the trustee had no authority to advertise…
1Opinion of the CourtBarclay, J.
This is a suit in equity by which plaintiff (appellant) seeks to enjoin a sale of land under a deed of' trust. Defendants are the holder of the note secured thereby and the trustee nominated in that instrument.
The deed of trust was given by plaintiff, April 20, 1900, conveying certain land in Dent county to a trustee to secure due payment of four notes executed by plaintiff, each for $237.50, maturing respectively on the first of January, 1901, 1902, 1903, and 1904, and all bearing interest at eight per cent per annum from date, April 20, 1900. The first note falling due January 1, 1901, was…
2Cases cited2 opinions
- Reddick v. GressmanSupreme Court of Missouri · 1872
- Pfeninghausen v. ShearerMissouri Court of Appeals · 1896
3Cited by1 opinion
- Long v. ManningSupreme Court of Missouri · 1970