Waples v. Jones
Supreme Court of Missouri
Appeal from Livingston Circuit Court. ■ I. The two notes and the deed of trust are to be construed as one instrument, and all taken together form but one contract. (Brownlee vs. Arnold, 60 Mo., 79, and cases cited; Cornell vs. Todd, 2 Den., 123, and authorities cited.) II.
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Appeal from Livingston Circuit Court. ■ I. The two notes and the deed of trust are to be construed as one instrument, and all taken together form but one contract. (Brownlee vs. Arnold, 60 Mo., 79, and cases cited; Cornell vs. Todd, 2 Den., 123, and authorities cited.) II. The payer in the note, and he alone, had the right to determine whether the interest must be paid annually, or whether he would permit it to run as a part of the principal, bearing the same rate of interest. (2 Pars. Cont., 5 ed., 506, 507, and note m.; Darin vs. Spurrier, 3 B. & P., 399.) I. It was at the option, of the…
1Opinion of the CourtWagner, Judge
This was a proceeding originally instituted under sections 38 and 39 of the landlord and tenant act (Wagn. Stat., 883, 881). before a justice of the peace, to recover the possession of a tract of land. In the justice’s court the plaintiff had judgment; but on an appeal and trial in the circuit court, the judgment was for defendant.
The plaintiff claims title under a sale made by a trustee by virtue of a deed of trust; and the only question decided by the court below, and which is now here for revision, was, that the sale was prematurely made, and that no title passed.
From the facts in the case…
2Cases cited1 opinion
- Brownlee v. ArnoldSupreme Court of Missouri · 1875
3Cited by15 opinions
- Noell v. GainesSupreme Court of Missouri · 1878
- City National Bank v. Goodloe-McClelland Commission Co.Missouri Court of Appeals · 1902
- Meier v. MeierSupreme Court of Missouri · 1891
- Agan v. ShannonSupreme Court of Missouri · 1890
- Brooke v. StruthersMichigan Supreme Court · 1896
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