Springfield Engine & Thresher Co. v. Donovan
Supreme Court of Missouri
Appeal from Marion Circuit Cowrt. — Hon. T. H. Bacon, Judge. (1) The court erred in excluding the deed of trust of the acting trustee.
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Appeal from Marion Circuit Cowrt. — Hon. T. H. Bacon, Judge. (1) The court erred in excluding the deed of trust of the acting trustee. (2) It is contended by appellantthat the court eired in refusing to render a judgment for it, and in giving judgment for respondents, because the proof shows that appellant was a mortgagee, that the condition of the mortgage had been broken, that the debt it was given to secure was past due and unpaid,!and as mortgagee appellant was entitled to the possession of the mortgaged premises and entitled to such possession by a suit in ejectment, without regard to…
1Opinion of the Court
Búrgess, J.
Action of ejectment for the possession of a piece of ground, one hundred and twenty by one hundred and twenty-three feet, being a part of lot 1 in block 2, Sloan’s addition to the city of Palmyra. The petition is in the usual form, and the answer a general denial. It was admitted on the trial, however, that the defendants were in possession of the property at the time of the commencement of the suit.
Plaintiff offered and read in evidence, without objection, a deed of trust on the property in contro*425versy dated June 29, 1886, from defendants to Thomas Cocke, trustee, to secure the…
2Cases cited8 opinions
- Schanewerk v. HoberechtSupreme Court of Missouri · 1893
- Long v. LongSupreme Court of Missouri · 1883
- Eitelgeorge v. Mutual House Building Ass'nSupreme Court of Missouri · 1878
- Siemers v. SchraderSupreme Court of Missouri · 1885
- Goff v. RobertsSupreme Court of Missouri · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Adams v. BoydSupreme Court of Missouri · 1933
- Benton Land Co. v. ZeitlerSupreme Court of Missouri · 1904
- Springfield Engine & Thresher Co. v. DonovanSupreme Court of Missouri · 1899
- Graham v. OliverMissouri Court of Appeals · 1983
8 more not listed; retrieve them via the Exa API.