Legal Opinion

Cobe v. Lovan

Supreme Court of Missouri

Decided February 22, 1906PublishedCited by 14 opinions

Appeal from Howell Circuit Court. — Ho». W. N. Evans, Judge. (1) The deed of trust read in evidence vested the legal title to the premises in question in the trustee therein named, and also vested in said trustee the power to sell. And such power was coupled with an interest in the land itself. And the trustee’s deed read in evidence passed the legal title to the grantor named therein.

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Appeal from Howell Circuit Court. — Ho». W. N. Evans, Judge. (1) The deed of trust read in evidence vested the legal title to the premises in question in the trustee therein named, and also vested in said trustee the power to sell. And such power was coupled with an interest in the land itself. And the trustee’s deed read in evidence passed the legal title to the grantor named therein. Schanewerk v. Hoberecht, 117 Mo. 22; Lanier v. McIntosh, 117 Mo. 508; Kennedy v. Siemers, 120 Mo. 73; Springfield Engine, etc., Co', v. Donovan, 120 Mo. 423; Biffle v. Pullman, 125 Mo. 108; Snyder v. Railroad,…

1Opinion of the CourtLamm, J.

— Cast below in ejectment for block 14 in Maxey’s addition to the city of Willow Springs, Cobe appeals.

The petition was in conventional form, laying the ouster as of March 15,1902.

The answer admits' possession, denies all other averments, and pleads certain affirmative defenses, which may be summarized as follows: (1) adverse possession for ten years under a claim of ownership; (2) that plaintiff and those under whom he claims have not been seized or possessed of the premises within ten years; (3) that plaintiff claims title by virtue of a foreclosure by advertisement and sale under a trust…

2Cases cited3 opinions

  1. Schanewerk v. HoberechtSupreme Court of Missouri · 1893
  2. Lovelace v. PrattSupreme Court of Missouri · 1901
  3. State ex rel. Gray v. Phoenix Loan Ass'nSupreme Court of Missouri · 1900

3Cited by14 opinions

  1. Kuehn v. KuehnCourt of Appeals of Texas · 1921
  2. Manard v. WilliamsMissouri Court of Appeals · 1997
  3. Williams v. KimesSupreme Court of Missouri · 1999
  4. Graham v. OliverMissouri Court of Appeals · 1983
  5. Feller v. LeeSupreme Court of Missouri · 1910

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