Salmon v. Fewell
Missouri Court of Appeals
Appeal from Henry Circuit Court, Hon. J. B. Gantt, Judge. Statement of case by the court. This is an action of replevin for the recovery of the possession of two thousand bushels of corn matured on the stalk in the field, on certain described premises.' The case is tried upon the following agreed statement of facts. 1. That on the 80th day of June, 1869, one David Moore was the owner of the land on which the crop of corn in controversy was grown.
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Appeal from Henry Circuit Court, Hon. J. B. Gantt, Judge. Statement of case by the court. This is an action of replevin for the recovery of the possession of two thousand bushels of corn matured on the stalk in the field, on certain described premises.' The case is tried upon the following agreed statement of facts. 1. That on the 80th day of June, 1869, one David Moore was the owner of the land on which the crop of corn in controversy was grown. That on said day he and his wife executed a mortgage to the plaintiff on said land, to secure the payment of several promissory’notes,' owing by…
1Opinion of the Court
Opinion by
Hall, J.
I
The rule “that until the mortgagee enters for breach of condition the mortgageor owns the estate'and he has a right to lease and collect rent as owner so long as he is alowedto remain in ’ possession ”. (White v. Wear, 4 Mo. App. Rep. 341), relied upon: by defendant is nota new rule,, and must be considered in connection with this further statement of it'in Kennett v. Plummer (28 Mo. 146): “ of course he (tile mortgageor) cannot impair the rights-of the mortgagee, and every person'taking-under him-will hold subject to the mortgage and to all the rights of the mortgagee.” So…
2Cases cited12 opinions
- Garth v. CaldwellSupreme Court of Missouri · 1880
- Russell v. Mayor of New-YorkNew York Supreme Court · 1845
- Hecht v. DettmanSupreme Court of Iowa · 1881
- Downard v. GroffSupreme Court of Iowa · 1875
- McGonegal v. McGonegalMichigan Supreme Court · 1881
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3Cited by17 opinions
- Reed v. SwanSupreme Court of Missouri · 1896
- Timothy v. HicksMissouri Court of Appeals · 1942
- Fischer v. JohnsonMissouri Court of Appeals · 1892
- McAllister v. LawlerMissouri Court of Appeals · 1888
- Walton v. FudgeMissouri Court of Appeals · 1895
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