Glines v. Theo. R. Appel Realty Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. George H. Shields, Judge. (1) Ordinarily, until the mortgagee enters for breach of condition, and in many respects even until final foreclosure, the mortgagor continues to be the owner of the estate, and entitled to possession of same, and has a right to lease the estate and in every way deal with it as owner.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. George H. Shields, Judge. (1) Ordinarily, until the mortgagee enters for breach of condition, and in many respects even until final foreclosure, the mortgagor continues to be the owner of the estate, and entitled to possession of same, and has a right to lease the estate and in every way deal with it as owner. Kennett v. Plummer, 28 Mo. 142; Masterson v. West End Narrow Gauge E. Co., 72 Mo. 342; Dickerson v. Bridges, 147 Mo. 235, 243. The assignment of rents as additional security for the loan on the property, as disclosed by the…
1Opinion of the CourtReynolds, P. J.
— Plaintiff, owner of the equity of redemption in a number of lots on North Taylor Avenue in the city of St. Louis, bought them subject to a deed of trust in which one A. R. Fleming, co-defendant herein, was trustee, the deed of trust securing the payment of thirty-five notes, of date March 27, 1914, each note for the sum of $500, with interest at six per .cent, per annum after maturity, and one other note for the sum of $41.28, it is said in the petition but obviously that is an error, as it appears that this note was for $452.26. The notes are due and payable consecutively and from one to…
2Cases cited1 opinion
- Hammerslough v. Kansas City Building, Loan & Savings Ass'nSupreme Court of Missouri · 1883
3Cited by4 opinions
- Groh v. SheltonMissouri Court of Appeals · 1968
- Kelley v. SchnebelenMissouri Court of Appeals · 1976
- State Ex Rel. Central States Life Insurance v. McElhinneyMissouri Court of Appeals · 1936
- Big Valley, Inc. v. First National Bank of Pulaski CountyMissouri Court of Appeals · 1979