Abbe v. Justus
Missouri Court of Appeals
Appeal from the Polk Circuit Court. — Hon. Argus Cox, Judge. (1) Where there are several liens on a tract of land and it is sold under one of them, the surplus, after paying the lien under which it was sold, belongs in equity to the next subsequent liens in their order of priority. drawbridge v. Clark, 52 Mo. 21; Porter v. Potter, 37 Mo. 534; Reid v. Mullins, 43 Mo. 306; Hehveg v. Heitcamp, 20 Mo. 569. (2) The weight of the evidence is that Shriner never delivered his deed…
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Appeal from the Polk Circuit Court. — Hon. Argus Cox, Judge. (1) Where there are several liens on a tract of land and it is sold under one of them, the surplus, after paying the lien under which it was sold, belongs in equity to the next subsequent liens in their order of priority. drawbridge v. Clark, 52 Mo. 21; Porter v. Potter, 37 Mo. 534; Reid v. Mullins, 43 Mo. 306; Hehveg v. Heitcamp, 20 Mo. 569. (2) The weight of the evidence is that Shriner never delivered his deed of trust to Justus. Until a delivery took place no lien-under it could be acquired. Standiford v. Standiford, 97 Mo. 231,…
1Opinion of the CourtSmith, P. J.
Abbe, tbe plaintiff, had $541.45, tbe proceeds arising from tbe sale of certain mill property by him under a second deed of trust, remaining in bis bands as trustee after payment of tbe trust debt. Tbis sum was claimed by both tbe appellant and respondent.
Tbe plaintiff filed bis petition in tbe circuit court stating tbe foregoing facts in detail and praying tbe court to require tbe appellant and respondent to appear and interplead in tbis cause, setting up their respective claims to tbe fund so in tbe bands of tbe plaintiff, trustee.
Tbe Bank of Commerce becoming defunct, tbe appellant,…
2Cases cited30 opinions
- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Standiford v. StandifordSupreme Court of Missouri · 1888
- State Bank v. FrameSupreme Court of Missouri · 1892
- Maupin v. EmmonsSupreme Court of Missouri · 1871
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3Cited by6 opinions
- Hatcher v. HallMissouri Court of Appeals · 1956
- Mudd v. DillonSupreme Court of Missouri · 1901
- Pratt v. CarnsSupreme Court of Florida · 1920
- Speer v. BurlingameMissouri Court of Appeals · 1895
- Willis Lucas Lumber Co. v. NealMissouri Court of Appeals · 1928
1 more not listed; retrieve them via the Exa API.