Barnett v. Timberlake
Supreme Court of Missouri
appeal from J3udrain Circuit Court. I. The deed of trust was but a mortgage, with possession remaining in the mortgagor; and until condition broken the rights of trustee or cestuis que trust were equitable only, to be protected by the equitable powers of the court, where only was he or they by virtue of the conveyance entitled to possession of the property. (T Mo., 329; 8 Mo., 365,615 ; 36 Mo., 322; ’49 Mo., 395, et seq.; 1 Mo., 418.) II.
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appeal from J3udrain Circuit Court. I. The deed of trust was but a mortgage, with possession remaining in the mortgagor; and until condition broken the rights of trustee or cestuis que trust were equitable only, to be protected by the equitable powers of the court, where only was he or they by virtue of the conveyance entitled to possession of the property. (T Mo., 329; 8 Mo., 365,615 ; 36 Mo., 322; ’49 Mo., 395, et seq.; 1 Mo., 418.) II. The condition of the mortgage was not broken, when suit was commenced, and respondent was not entitled to possession of the property.
1Opinion of the CourtSfitERWOOD, Judge
The defendant on the 7th day of March, 1871, was indebted to one G-albreath in the sum of $350, for which he gave his promissory note, due in one year after date. Several persons joined with the defendant in the execution of this note, only however, as sureties.
A few days after the execution of the note, the defendant executed to the plaintiff, as trustee, a deed of trust of certain personal property. The granting words in this instrument were: “ bargain and sell, convey, deliver and confirm.” The condition of the deed was that the defendant should pay the note at its maturity, and thus save…
2Cases cited1 opinion
- Sheble v. CurdtSupreme Court of Missouri · 1874
3Cited by17 opinions
- Stonebraker v. FordSupreme Court of Missouri · 1884
- Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
- Hickman v. DillMissouri Court of Appeals · 1888
- Chandler v. WestMissouri Court of Appeals · 1889
- Bank of Little Rock v. FisherMissouri Court of Appeals · 1893
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