Moss v. King
Supreme Court of Missouri
Appeal from Johnson Circuit Court.— Eon. N. M. Bradley, Judge. (1) The redemption bond-filed by appellant was, under the facts in evidence, filed within a reasonable time, as prescribed by statute, and the court erred in decreeing it null and void. E. S. 1899, secs. 4343 and 4344; Ins.
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Appeal from Johnson Circuit Court.— Eon. N. M. Bradley, Judge. (1) The redemption bond-filed by appellant was, under the facts in evidence, filed within a reasonable time, as prescribed by statute, and the court erred in decreeing it null and void. E. S. 1899, secs. 4343 and 4344; Ins. Co. v. Eogers, 155 Mo. 307; Sheridan v. Nation, 159 Mo. 27. (2) By reason of this suit and the decree therein, appellant has been deprived of the benefit of the statute giving him one year in which to redeem, and in equity and good conscience he should have as much time for redemption after the termination of…
1Opinion of the Court
VALLIANT, P.
~Plaintiff, as assignee of the purchasers at a foreclosure sale, brings this suit to require the trustee to execute a deed conveying the land to him in accordance with the terms of the sale. The land in suit is a tract of about four or five acres, on which is situated a flour mill, in Johnson county. It was encumbered with a deed of trust to secure three notes aggregating $1,186 principal. Defendant All-britain, as executor of the will of Harriett L. Jameson, deceased, was the owner of the equity of redemption; defendant King was the trustee in the deed of trust. This debt being…
2Cases cited3 opinions
- Updike v. Merchants' Elevator Co.Supreme Court of Missouri · 1888
- Vanmeter v. DarrahSupreme Court of Missouri · 1893
- Dawson v. EggerSupreme Court of Missouri · 1888
3Cited by7 opinions
- State Ex Rel. Hopkins v. StemmonsMissouri Court of Appeals · 1957
- Judah v. PittsSupreme Court of Missouri · 1933
- Long v. International Vending Machine Co.Missouri Court of Appeals · 1911
- Evans v. United States Fidelity & Guarantee Co.Missouri Court of Appeals · 1917
- Reed v. John Gill & Sons Co.Court of Appeals of Kansas · 1919
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