Miltenberger v. Morrison
Supreme Court of Missouri
jError to St. Louis Land Court. Miltenberger was a judgment creditor of Wonderly, and had procured a sheriff’s deed in an attachment suit against him for the land respecting which this controversy arose, which was composed of lots 15 and 16 in block 896 of Lucas & Hunt’s addition to the city of St. Louis.
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jError to St. Louis Land Court. Miltenberger was a judgment creditor of Wonderly, and had procured a sheriff’s deed in an attachment suit against him for the land respecting which this controversy arose, which was composed of lots 15 and 16 in block 896 of Lucas & Hunt’s addition to the city of St. Louis. These lots were each improved, and in the year 1860-61 yielded respectively the rent of $900 and $800 per annum. ■ The lots were encumbered at that time by deeds of trust in favor of Lucas & Hunt for about $1300 each, becoming due in 1861 & 1862; they were also encumbered by another deed in…
1Opinion of the CourtHolmes, Judge
The petition is framed with a view to equitable relief. It is. founded upon a parol agreement affecting the title to real estate. The purport of the agreement, as alleged, was that the defendant Morrison, if she should become the purchaser of the two lots and houses in question at the sales under the deeds of trust which she held against the property, would hold one of the lots and houses as a trustee, or a mortgagee, for the benefit of Peter Wonderly, the grantor in the deeds of trust, with the understanding that he should have time to redeem that lot and house, by reimbursing to her the…
2Cases cited6 opinions
- Tudor v. LewisCourt of Appeals of Kentucky · 1860
- Stine v. WilksonSupreme Court of Missouri · 1846
- Wooton v. HinkleSupreme Court of Missouri · 1855
- Meyers v. FieldSupreme Court of Missouri · 1866
- Wildbahn v. RobidouxSupreme Court of Missouri · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lee v. MacOn County BankSupreme Court of Alabama · 1937
- DeMoville v. Merchants & Farmers BankSupreme Court of Alabama · 1936
- Peyton v. RoseSupreme Court of Missouri · 1867
- Brown v. Home Savings-BankMissouri Court of Appeals · 1877
- Estate of Snook, Superior Court of California, County of San Francisco1897
1 more not listed; retrieve them via the Exa API.