Jones v. Sheppard
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Virgil Rule, Judge. (1) The court erred in rejecting the first deed of trust and note offered in evidence by the defendant. McNutt v. Life Ins. Co., 181 Mo. 102; McKnight v. Wimer, 38 Mo. 134. (2) The court erred in not permitting an explanation of the cause of the second sale of the property.
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Appeal from St. Louis City Circuit Court. — Hon. Virgil Rule, Judge. (1) The court erred in rejecting the first deed of trust and note offered in evidence by the defendant. McNutt v. Life Ins. Co., 181 Mo. 102; McKnight v. Wimer, 38 Mo. 134. (2) The court erred in not permitting an explanation of the cause of the second sale of the property. (3) It was competent to show that the plaintiff had assumed the payment of the first note also, and had agreed that the fund resulting from a sale of the property should be applied to the payment of both of them. Stark v. Love, 128 Mo. App. 35. (1) In the…
1Opinion of the CourtGoode, J.
(after stating the facts).
To make clear the theory of counsel for defendant, it should be stated they assign as error the exclusion of the Baker deed of trust and note and testimony regarding why defendant foreclosed under the second or Pingree Mc-Ferren deed of trust, upon the notion that there had been a valid foreclosure of the Baker instrument which deprived plaintiff as grantor in the second incumbrance, of right to the surplus proceeds arising from the foreclosure of the second one. It is obvious this theory is the antithesis of the one under which defendant acted in turning over the…
Also in this document: Concurrence.
2Cases cited10 opinions
- Bensieck v. CookSupreme Court of Missouri · 1892
- Nelson v. BrownSupreme Court of Missouri · 1897
- Bell v. CampbellSupreme Court of Missouri · 1894
- Maupin v. EmmonsSupreme Court of Missouri · 1871
- Foster v. PotterSupreme Court of Missouri · 1866
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3Cited by10 opinions
- W. A. H. Church, Inc. v. HolmesCourt of Appeals for the D.C. Circuit · 1931
- In Re Verne LacyMissouri Court of Appeals · 1937
- Seward v. New York Life InsuranceSupreme Court of Virginia · 1930
- Frago v. SageMissouri Court of Appeals · 1987
- Reeves v. York Engineering & Supply Co.Court of Appeals for the Fifth Circuit · 1918
5 more not listed; retrieve them via the Exa API.