Schulenburg v. Hayden
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Thomas A. Russell, Judge. (1) A judgment in a mechanics’ lien suit, when the parties to a prior deed of .trust have been joined and duly served in the suit, is binding on such parties and their privies, and the purchaser of the property under such judgment obtains title as against all such, (a) Judgment in res adjudicate.
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Appeal from St. Louis City Circuit Court. — Hon. Thomas A. Russell, Judge. (1) A judgment in a mechanics’ lien suit, when the parties to a prior deed of .trust have been joined and duly served in the suit, is binding on such parties and their privies, and the purchaser of the property under such judgment obtains title as against all such, (a) Judgment in res adjudicate. Hicks v. Scofield, 121 Mo. 381; Bussell v. Grant, 122 Mo. 161; Schaeffer v. Lohman, 34 Mo. 68; Reilly v. Hudson, 62 Mo. 383; Allen v. Sales, 56 Mo. 28; Holt Go. v. Cannon, 114 Mo. 514. (b) Purchaser under deed of trust and…
1Opinion of the CourtMaks hall, J.
This is an action in replevin to recover possession of a house.
On February 13, 1890, Louis J. Silva, owned lots 38 and 39, in city block 4546, in St. Louis, on which there was a two story , hip-roof dwelling house, and on that day he gave a deed of trust, covering the land and the house, to Donovan, as trustee for Geraldin, to secure a loan of $5,000. On February 25, 1890, Silva gave a second deed of trust, covering both the land and the house, to Donovan as trustee for Geraldin, to secure a loan of $1,000. On January 19, 1892, Silva gave a deed of trust conveying the land and house to…
2Cases cited12 opinions
- Kane v. McCownSupreme Court of Missouri · 1874
- Coe v. RitterSupreme Court of Missouri · 1885
- Russell v. GrantSupreme Court of Missouri · 1894
- Allen v. SalesSupreme Court of Missouri · 1874
- Crandall v. CooperSupreme Court of Missouri · 1876
7 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Progress Press Brick & Machine Co. v. Gratiot Brick & Quarry Co.Supreme Court of Missouri · 1899
- American Surety Co. of New York v. FranciscusCourt of Appeals for the Eighth Circuit · 1942
- Masterson v. RobertsSupreme Court of Missouri · 1934
- Trout's Investments, Inc. v. DavisMissouri Court of Appeals · 1972
- Riverside Lumber Co. v. SchaferSupreme Court of Missouri · 1913
20 more not listed; retrieve them via the Exa API.