Wallace v. Cherry
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. M. Gr. McG-regor, Judge. The case is stated in the opinion. (1) The principle is well established that the purchaser of mortgaged premises at the trustee’s sale under a deed of trust is entitled to the crops growing at the time of the sale and delivery of the trustee’s deed to him in preference to the mortgagors or any one claiming under them whose claim originated subsequent to the mortgage. 2 Jones on Mort. sec. 1658. All the right,…
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Appeal from Jasper Circuit Court. — Hon. M. Gr. McG-regor, Judge. The case is stated in the opinion. (1) The principle is well established that the purchaser of mortgaged premises at the trustee’s sale under a deed of trust is entitled to the crops growing at the time of the sale and delivery of the trustee’s deed to him in preference to the mortgagors or any one claiming under them whose claim originated subsequent to the mortgage. 2 Jones on Mort. sec. 1658. All the right, title and interest of defendant in the wheat in controversy was entirely divested by the sale under the Brinkerhoff…
1Opinion of the CourtEllison, P. J.
— This action is replevin for a quantity of wheat in the bin. Defendant prevailed below and plaintiff appeals.
In December, 1882, defendant and her husband were the owners of the premises upon which the wheat in controversy was afterwards grown. At that time they conveyed the same to W. E. Brinkerhoff as'trustee to secure an indebtedness to plaintiff. The defendant and her husband were residing on the land on which the wheat was grown at the time of the execution of the deed of trust and continued so to reside up to his death, which occurred in 1883. The defendant remained on the land until…
2Cited by5 opinions
- Timothy v. HicksMissouri Court of Appeals · 1942
- Fischer v. JohnsonMissouri Court of Appeals · 1892
- Hayward v. PoindexterMissouri Court of Appeals · 1921
- Watson v. MenteerMissouri Court of Appeals · 1894
- Hayden v. BurkemperMissouri Court of Appeals · 1890