Truchon v. Mackey
Missouri Court of Appeals
Error to St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The petition fails to state a cause of action. (2) The deed of trust as charged in the petition contains an express covenant and agreement that the mortgager shall pay all taxes! lawfully assessed against the mortgaged premises. Rnmsey v. Railroad, 154 Mo. 215; Cannock v. Jones, 3 Exch. 233; Montford v. Cadog'an, 19 Yes.
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Error to St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The petition fails to state a cause of action. (2) The deed of trust as charged in the petition contains an express covenant and agreement that the mortgager shall pay all taxes! lawfully assessed against the mortgaged premises. Rnmsey v. Railroad, 154 Mo. 215; Cannock v. Jones, 3 Exch. 233; Montford v. Cadog'an, 19 Yes. Jr. 635 ; Bower v. Hodges, 13 C. B. 765. (3) A stipulation in a deed of trust that the mortgagor shall pay all taxes assessed against the mortgaged property, and that in case of default thereof the…
1Opinion of the CourtNcrtoni, J.
This is a suit in equity for injunc-tive relief. The finding and judgment were for plaintiff, who is defendant in error here, and defendant in the suit, who is plaintiff in error, prosecutes a writ of error here.
The important question for consideration relates to the right of a trustee to exercise the power of sale vested in him by a deed of trust, on demand of the cestui ciue trust, for a breach of the mortgagor’s coven*44ant to pay taxes accrued on the mortgaged premises. The circuit court denied the right and decreed a per-' petual injunction against the exercise of the power of sale for the…
2Cases cited7 opinions
- Stanclift v. NortonSupreme Court of Kansas · 1873
- Condon v. MaynardCourt of Appeals of Maryland · 1889
- Rumsey v. Peoples Railway Co.Supreme Court of Missouri · 1900
- Parker v. OlliverSupreme Court of Alabama · 1894
- Hartsuff v. HallNebraska Supreme Court · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Fish v. FishMissouri Court of Appeals · 1957
- Newport v. HedgesMissouri Court of Appeals · 1962
- Wilson v. ReedSupreme Court of Missouri · 1917
- Lunsford v. DavisSupreme Court of Missouri · 1923
- Dickey Co. v. KananMissouri Court of Appeals · 1972
1 more not listed; retrieve them via the Exa API.