Lee v. Clark
Supreme Court of Missouri
Appeal from Jackson Circuit Court — Hon. Tuesten A. ..... “till, Judge. (1) The indorsee for value, before maturity, of a negotiable note secured by deed of trust, takes the Becurity by the same title as that by which he holds the note. Logan v. Smith, 62 Mo. 459 ; Goodfellow v. Stillwell, 73 Mo. 19; Carpenter v. Longan, 16 Wall. 273 ; 1 Daniel on Neg.
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Appeal from Jackson Circuit Court — Hon. Tuesten A. ..... “till, Judge. (1) The indorsee for value, before maturity, of a negotiable note secured by deed of trust, takes the Becurity by the same title as that by which he holds the note. Logan v. Smith, 62 Mo. 459 ; Goodfellow v. Stillwell, 73 Mo. 19; Carpenter v. Longan, 16 Wall. 273 ; 1 Daniel on Neg. Instr. [3 Ed.] sec. 834. (2) As an inevitable result from the first proposition it follows that no dealings between the payee and the maker of the note, nor any act done by the payee of the note-subsequent to his indorsement thereof before…
1Opinion of the CourtHenry, C. J.
This is an action to foreclose a deed of trust, plaintiff claiming as assignee of the note secured by the deed of trust, and defendants claiming the title to the premises under deeds from the grantor1 in the deed of trust. It was admitted that Wm. M. Clark was the owner of the premises when he executed the deed of trust. The case was submitted upon the following agreed statement of facts: William M. Clark, on September 19, 1872, was the owner of the real estate on which he then made deed of trust to William . E. Lee to .secure to Samuel Archer the payment of the three notes mentioned in the…
2Cases cited3 opinions
- Logan v. SmithSupreme Court of Missouri · 1876
- Joerdens v. SchrimpfSupreme Court of Missouri · 1883
- Goodfellow v. StillwellSupreme Court of Missouri · 1880
3Cited by23 opinions
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Borgess Investment Co. v. VetteSupreme Court of Missouri · 1898
- Cummings v. HurdMissouri Court of Appeals · 1892
- Fischer v. WoodruffWashington Supreme Court · 1901
- Kelly v. StaedSupreme Court of Missouri · 1896
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