Legal Opinion

Hayden v. Lauffenburger

Supreme Court of Missouri

Decided June 12, 1900PublishedCited by 5 opinions

Appeal from Greene Circuit Court. — Hon. Jas. T. Neville, Judge. (1) A full and complete legal title is sbown from the testimony to be in the plaintiff, and in this action he is enti-tied to recover. Schanewerk v. Hoberecht, 111 Mo. 22; Keet v. Baker, 141 Mo. 175; Beeper v. Lyon, 68 Mo. 216; Hunt v. Selleck, 118 Mo. 588. (2) There is no merger in this case — would have been none even if satisfaction of the deed of trust had been legally made on the record.

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Appeal from Greene Circuit Court. — Hon. Jas. T. Neville, Judge. (1) A full and complete legal title is sbown from the testimony to be in the plaintiff, and in this action he is enti-tied to recover. Schanewerk v. Hoberecht, 111 Mo. 22; Keet v. Baker, 141 Mo. 175; Beeper v. Lyon, 68 Mo. 216; Hunt v. Selleck, 118 Mo. 588. (2) There is no merger in this case — would have been none even if satisfaction of the deed of trust had been legally made on the record. It was the intention of all of the parties to the deed of trust, that it should be kept alive until legal title of the premises should be…

1Opinion of the CourtValliant, J.

Ejectment for a town lot in Ash Grove.

The real issues in which the case turns are tendered on the affirmative answer of defendant Brock, in the nature of' an equitable cross-action. The other defendant is the tenant of Brock,

The answer states substantially that one Dunnaway was the owner in fee of the property and that on the twenty-ninth of March, 1893, he executed a deed of trust which was duly recorded, conveying the same to a trustee to secure certain notes that he owed to Swinney Banking Company; that thereafter Dunnaway paid the notes and the bank returned them to him, and thereafter…

2Cases cited3 opinions

  1. Ess v. GriffithSupreme Court of Missouri · 1895
  2. Collins v. StockingSupreme Court of Missouri · 1889
  3. Williams v. BrownleeSupreme Court of Missouri · 1890

3Cited by5 opinions

  1. Frederich v. Union Electric Light & Power Co.Supreme Court of Missouri · 1935
  2. Edney v. JensenNebraska Supreme Court · 1927
  3. Scott v. HillSupreme Court of Missouri · 1932
  4. First National Bank v. BurdickNorth Dakota Supreme Court · 1923
  5. Riggs v. KellnerMissouri Court of Appeals · 1986

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