Adams v. Carpenter
Supreme Court of Missouri
Appeal from. Texas Circuit Court. — Hon. L. B. Woodside, Judge. (1) The law is well settled in this State that the trustee’s deed, foreclosing the $700 Myers deed of trust, given to secure $700 to the grandfather of plaintiff, is sufficient to pass the legal title, although the deed of trust required thirty days’ notice of the sa]e and only twenty days’ notice was given, for when the trustee conveyed the property by his deed, even though such conveyance was in violation of…
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Appeal from. Texas Circuit Court. — Hon. L. B. Woodside, Judge. (1) The law is well settled in this State that the trustee’s deed, foreclosing the $700 Myers deed of trust, given to secure $700 to the grandfather of plaintiff, is sufficient to pass the legal title, although the deed of trust required thirty days’ notice of the sa]e and only twenty days’ notice was given, for when the trustee conveyed the property by his deed, even though such conveyance was in violation of his trust, it still passed the legal title. Schanewerk v. Hobereckt, 117 Mo. 23; ’Bfume v. Hopkins, 140 Mo. 65; Long v.…
1Opinion of the Court
BURGESS, P. J. —
The pleadings in this case are as follows:
After alleging that the Mountain Grove Bank is a corporation organized and existing under the laws of this State, the petition proceeds as follows:
“Plaintiffs state, for cause of action, that on the fifth day of August, 1886, Rachel Myers was the owner of the east half of section 27, township 30, range 12, in Texas county, Missouri, and that on said date the said *619Rachel Myers, together with her husband, L. E. Myers, executed and delivered their promissory note for seven hundred dollars to James Adams, by which they promised to pay to…
2Cases cited8 opinions
- Hickman v. GreenSupreme Court of Missouri · 1894
- Schanewerk v. HoberechtSupreme Court of Missouri · 1893
- Long v. LongSupreme Court of Missouri · 1897
- Hume v. HopkinsSupreme Court of Missouri · 1897
- Kennedy v. SiemensSupreme Court of Missouri · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hrovat v. BinghamMissouri Court of Appeals · 1960
- Graham v. OliverMissouri Court of Appeals · 1983
- Kennon v. CampSupreme Court of Missouri · 1962
- Petring v. KuhsSupreme Court of Missouri · 1943
- Hoffman v. BighamSupreme Court of Missouri · 1930
6 more not listed; retrieve them via the Exa API.