Tierney v. Spiva
Supreme Court of Missouri
Appeal from Mississippi Circuit Court. — Hon. J. D. Foster, Judge. The foreclosure proceeding was irregular and void as to plaintiff since neither he nor his trustee Nalle were made a party thereto. Stafford v. Fizer, 82 Mo. 393 ; 20 Mo, 133; R. S. 1879, secs. 3297, 3308; 2 Jones on Mort.
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Appeal from Mississippi Circuit Court. — Hon. J. D. Foster, Judge. The foreclosure proceeding was irregular and void as to plaintiff since neither he nor his trustee Nalle were made a party thereto. Stafford v. Fizer, 82 Mo. 393 ; 20 Mo, 133; R. S. 1879, secs. 3297, 3308; 2 Jones on Mort. (3 Ed.) sec. 1394 Th q fieri facias, under which the property was sold on April 11, 1865, was issued February 10, 1864. Three terms of court intervened between date of fi. fa. and date of sale and the writ was, therefore, fundus officio. (1) Suit to foreplose the mortgage was properly against the…
1Opinion of the CourtBlack, J.
This is a suit to redeem ninety acres of land, situate in Madison county, from a foreclosed mortgage. In 1858, Patrick Tierney and his wife Mary executed a mortgage on the land to secure a debt due L. M. Fox. Patrick died in 1861, leaving a will by *100which he devised the land to his wife Mary, who, by her deed recorded in June, 1862, conveyed the property to W. N. Nalle in trust for the plaintiff, who is the son of Patrick and Mary Tierney. This deed is in consideration of love and affection, and the trust is to cease and the title become vested in plaintiff when he arrives at the age of…
2Cases cited5 opinions
- Stewart v. SeveranceSupreme Court of Missouri · 1869
- Groner v. SmithSupreme Court of Missouri · 1872
- Riley's Administrator v. McCord's AdministratorSupreme Court of Missouri · 1855
- Perkins v. WoodsSupreme Court of Missouri · 1858
- Miles v. SmithSupreme Court of Missouri · 1856
3Cited by4 opinions
- Bircher v. St. Louis Sheet Metal Ornament Co.Missouri Court of Appeals · 1898
- Hall v. KlepzigSupreme Court of Missouri · 1889
- Blevins v. SmithSupreme Court of Missouri · 1891
- Hardy v. AtkinsonMissouri Court of Appeals · 1909