Wells v. Bente
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. T. B. Robinson, Judge. (1) The execution and foreclosure of the deed of trust can in no wise affect the interest of J. T. Bente,. the tenant of W. A. Bente, or Eugene Smith, the tenant of J. T. Bente. R. S. 1899, sec. 4:355; Laws 1893, p. 210 (approved March 30, 1893). (2) The word “mortgages” in the aforesaid act of 1893, includes deeds of trust which operate as mortgages. Walton v. Fudge, 63 Mo.
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Appeal from the Cooper Circuit Court. — Hon. T. B. Robinson, Judge. (1) The execution and foreclosure of the deed of trust can in no wise affect the interest of J. T. Bente,. the tenant of W. A. Bente, or Eugene Smith, the tenant of J. T. Bente. R. S. 1899, sec. 4:355; Laws 1893, p. 210 (approved March 30, 1893). (2) The word “mortgages” in the aforesaid act of 1893, includes deeds of trust which operate as mortgages. Walton v. Fudge, 63 Mo. App. 52. (3) Under deeds of trust and all mortgages executed and recorded prior to the act of 1893 (Laws 1893, page 210), crops growing on mortgaged…
1Opinion of the CourtEllison, J.
This is an action of replevin for crops grown on certain real estate in Cooper county. Plaintiff prevailed in the trial court.
In 1894, Patrick Redding was the owner of the land and in that year executed a deed of trust thereon. Redding conveyed the land subject to the deed of trust, and his grantee again conveyed it. But afterwards, in 1899, the land was sold under the power of sale in the deed of trust and one E. W. Moore became the purchaser. Moore then conveyed to this plaintiff who claims the tenant’s crop. The crop was growing on the land at time of sale to Moore under the deed of trust…
2Cases cited8 opinions
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- Ewing v. ShannahanSupreme Court of Missouri · 1892
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- Elstroth v. YoungMissouri Court of Appeals · 1900
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