Cowan v. Mueller
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The note secured by the deed of trust having been barred by the statute of limitations relating to proof of claims against estates of decedents, the power of sale conferred by the deed of trust was extinguished and plaintiff acquired no title by the trustee’s deed, and the court erred in rendering judgment for plaintiff. E. S. 1899, sec. 4276; Eyermann v. Piron, 151 Mo. 116; Little v. Reid, 75 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The note secured by the deed of trust having been barred by the statute of limitations relating to proof of claims against estates of decedents, the power of sale conferred by the deed of trust was extinguished and plaintiff acquired no title by the trustee’s deed, and the court erred in rendering judgment for plaintiff. E. S. 1899, sec. 4276; Eyermann v. Piron, 151 Mo. 116; Little v. Reid, 75 Mo. App. 266; American Mortgage Co. v. Milam, 64 Ark. 305; Salinger v. Black, 68 Ark. 449; Nelson v. Haeberle, 26 Mo. App. 1;…
1Opinion of the CourtValliant, J.
This is an action of ejectment. Plaintiff claims under a deed of trust executed by A. D. Wilson, the common source of title, to secure a note for $5,000, dated February 12, 1894, payable in five years. Wilson died in 1896 and administration was duly had on his estate. The note secured by the deed of trust was never exhibited to the administratrix, nor proven up against the estate, although the notice to creditors required by tbe statute (sec. 86, R. S. 1889; same, R. S. 1899) was duly given, and the two years’ limitation prescribed by section 185, for exhibiting demands against the estate,…
2Cases cited5 opinions
- Cape Girardeau County ex rel. Road & Canal Fund v. HarbisonSupreme Court of Missouri · 1874
- Lewis v. SchwennSupreme Court of Missouri · 1887
- Beekman v. RichardsonSupreme Court of Missouri · 1899
- Eyermann v. PironSupreme Court of Missouri · 1899
- Combs v. GoldsworthySupreme Court of Missouri · 1891
3Cited by10 opinions
- Thompson v. McCuneSupreme Court of Missouri · 1933
- Stock v. SchlomanSupreme Court of Missouri · 1929
- Helliker v. BramSupreme Court of Missouri · 1955
- Delfelder v. Teton Land & Investment Co.Wyoming Supreme Court · 1933
- Berry v. DagleySupreme Court of Missouri · 1972
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