Frase v. Lee
Missouri Court of Appeals
Appeal from Jefferson Circuit Court. — Hon. Joseph J. Williams, Judge. (1) The transfer of the property from Brassel to Block was made subject to the deed of trust sought to be foreclosed and the amount of the indebtedness secured by the deed was considered by the parties as a first lien, and the payment of the interest by Block was a part payment of the indebtedness, and, being within the statute, there is a clear right to a decree of foreclosure.
Read the full summary
Appeal from Jefferson Circuit Court. — Hon. Joseph J. Williams, Judge. (1) The transfer of the property from Brassel to Block was made subject to the deed of trust sought to be foreclosed and the amount of the indebtedness secured by the deed was considered by the parties as a first lien, and the payment of the interest by Block was a part payment of the indebtedness, and, being within the statute, there is a clear right to a decree of foreclosure. Lewis v. Schwenn, 93 Mo. 26; Bennett y. McCanse, 65 Mo. 94; Nelson v. Brown, 140 Mo. 580; Long y. Long, 141 Mo. 352; 27 Gyc. 1341. (2) The last…
1Opinion of the CourtCox, J.
Action to foreclose deed of trust. The defense was a plea of-the Statute of Limitations. The deed of trust was given by C. Brassed to Robert Backer, *565trustee for Charles Frase, dated July 23, 1891, to secure a promissory note of that date for two hundred and fifty dollars, due one year from date. This deed of trust was given to secure the balance of the purchase price of the land covered by it. On July 8, 1893, Brassel conveyed the land to August Block by general warranty deed. Block quitclaimed it back to Brassel, December 22, 1903, Brassel conveyed it to George M. Harrington February 5,…
2Cases cited5 opinions
- Nelson v. BrownSupreme Court of Missouri · 1897
- Hall v. MorganSupreme Court of Missouri · 1883
- Hicks v. HamiltonSupreme Court of Missouri · 1898
- Keifer v. ShacklettMissouri Court of Appeals · 1900
- National Home Building & Loan Ass'n v. Scudder-Gale Grocer Co.Missouri Court of Appeals · 1899
3Cited by10 opinions
- Humbird v. ArnetMontana Supreme Court · 1935
- McFarland v. MelsonSupreme Court of Missouri · 1929
- Hulin v. VeatchOregon Supreme Court · 1934
- Brown v. LeeakNorth Dakota Supreme Court · 1925
- Devens v. Van ValkenburgMissouri Court of Appeals · 1915
5 more not listed; retrieve them via the Exa API.