White v. Wear
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. Rights of the mortgagee to rents after condition broken. — 1 Pow. on Mort. 171-175; 1 Hill, on Mort., sec. 28; Oakery. Pearsall, 6 Ala. 542; Smithy. Taylor, 9 Ala. 637; Hutchinson y. Peering, 20 Ala. 802, and cases cited; Masony y. United States Bank, 4 Ala. 735; Henshaw y. Wells, 9 Humph. 582 ; Johnston y. Jones, 9 Ad. & E. 809; Bab-cocky. Kennedy, 1 Yt. 457; Coote on L. & T. 519, 605; Taylor on L. & T., 6th ed., sec. 119 ; Honacker y.
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Appeal from St. Louis Circuit Court. Rights of the mortgagee to rents after condition broken. — 1 Pow. on Mort. 171-175; 1 Hill, on Mort., sec. 28; Oakery. Pearsall, 6 Ala. 542; Smithy. Taylor, 9 Ala. 637; Hutchinson y. Peering, 20 Ala. 802, and cases cited; Masony y. United States Bank, 4 Ala. 735; Henshaw y. Wells, 9 Humph. 582 ; Johnston y. Jones, 9 Ad. & E. 809; Bab-cocky. Kennedy, 1 Yt. 457; Coote on L. & T. 519, 605; Taylor on L. & T., 6th ed., sec. 119 ; Honacker y. Shough, 55 Mo. 472. Subrogation. — McQueen y.Peay, 58 Mo. 56; Wolff y. Walter, 56 Mo. 295. The beneficiary in a deed of…
1Opinion of the CourtBakewell, J.
The plaintiffs sued Wear & Co. for the rents of a building on the corner of Fifth and Washington Avenue, St. Louis. The sum claimed is $1,735, being rent for June, and up to July 9, 1876. The defendants Wear & Co. admitted that the amount claimed was due by them for rent for the period named, but said that it was claimed by Eleazer J. Beard, as holder of a deed of trust upon the property. Wear & Co. were permitted to pay the money into court, and Beard was directed to interplead. The question at issue is whether this rent belongs to White & Hermann, as assignees of the lessor, or to Beard, as…
2Cases cited2 opinions
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