Eubank v. Finnell
Missouri Court of Appeals
Appeal from Randolph Circuit Court. — Hon. John A. HochadayJudge. (1) The lien of the note in this case is subsequent to that of the deed of trust given at the same time the note was, and attaches to the equity of redemption. 2 Jones on Liens (1 Ed.), chap. 23; secs. 1079 and 1080 and cases cited in notes; 2 Sugden on Vendors (7 ed.), chap. 18, p., 329, sec. 8. (2) The lien may be waived by the act of the parties showing that it was not intended to be retained, and is a…
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Appeal from Randolph Circuit Court. — Hon. John A. HochadayJudge. (1) The lien of the note in this case is subsequent to that of the deed of trust given at the same time the note was, and attaches to the equity of redemption. 2 Jones on Liens (1 Ed.), chap. 23; secs. 1079 and 1080 and cases cited in notes; 2 Sugden on Vendors (7 ed.), chap. 18, p., 329, sec. 8. (2) The lien may be waived by the act of the parties showing that it was not intended to be retained, and is a question of intention to be gathered from all the facts and circumstances. Delassus v. Poston, 19 M'o. 425; Partridge v.…
1Opinion of the Court
JOHNSON, J. —
This cause was before us at the March term, 1903, and speaking through Smith, P. J., we delivered the following opinion therein: •
“The case disclosed by the record may be stated in this wise: E. C. Gibson sold to Eubank eighty acres of land for $1,550; the latter borrowed of N. P. Hurt $955 with which to make the cash payment of the purchase price and with knowledge and consent of Gibson executed a deed of trust covering the land to secure the payment of the note given for the amount so borrowed. The deed from Gibson to Eubank conveying the title in fee and the deed of trust were…
2Cases cited12 opinions
- Emison v. WhittleseySupreme Court of Missouri · 1874
- Rogers v. TuckerSupreme Court of Missouri · 1887
- Delassus v. PostonSupreme Court of Missouri · 1854
- Linville v. SavageSupreme Court of Missouri · 1874
- Turk v. FunkSupreme Court of Missouri · 1878
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3Cited by3 opinions
- Majors v. MaxwellMissouri Court of Appeals · 1906
- Tate v. Citizens Savings BankMissouri Court of Appeals · 1929
- Windisch v. John Chapman Co.Ohio Superior Court, Cincinnati · 1913