Gale v. Mensing
Supreme Court of Missouri
Appeal from Franklin Circuit Court. Action for the possession of six lots in the town of Washington, claimed by the plaintiff under a sheriff’s deed upon an execution sale, under a judgment against B. fr A. King. Matthew Caldwell, the landlord of the defendant, also claimed title under the Kings.
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Appeal from Franklin Circuit Court. Action for the possession of six lots in the town of Washington, claimed by the plaintiff under a sheriff’s deed upon an execution sale, under a judgment against B. fr A. King. Matthew Caldwell, the landlord of the defendant, also claimed title under the Kings. The Circuit Court, trying the cause without a jury, found substantially the following facts : On the 4th of June, 1888, the Kings mortgaged the, lots in controversy to Matthew Caldwell to secure an indebtedness of $300. On the -6th of June, 1888, they conveyed to C. S. Jeffries and W. V. N. Bay,…
1Opinion of the CourtLeonard, Judge
This petition was to recover the possession of land upon the legal title, and not for any equitable relief. The deed from the Kings to Jeffries and Bay was not a mortgage, but a conveyance of the whole title, subject only to Caldwell’s mortgage, and it vested the legal ownership in the trustees against all persons except Caldwell and his assignees. So far as the record shows, this conveyance was not, as the appellant seems to suppose, a second mortgage, nor a mere naked authority to sell for the benefit of creditors ; but, as we have already remarked, a transfer of the legal ownership, upon…
2Cited by10 opinions
- Schanewerk v. HoberechtSupreme Court of Missouri · 1893
- Joerdens v. SchrimpfSupreme Court of Missouri · 1883
- State ex rel. Holliday v. BenoistSupreme Court of Missouri · 1866
- Bristol Savings Bank v. JuddSupreme Court of Iowa · 1902
- Hannibal & St. Joseph Railroad v. GreenSupreme Court of Missouri · 1878
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