May v. Jarvis-Conklin Mortgage Trust Co.
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) This is a suit in equity. The court will grant such relief as should have been granted by the trial court. Blount v. SJeratt, 113 Mo. 54; Barrett v. Davis, 104 Mo. 549; McMroy v. Maxwell, 101 Mo. 294. Foster paid the note to Cross, who had not the possession thereof, and, in fact, no authority to collect it. Such payment was made at the risk of the party making it.
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Appeal from Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) This is a suit in equity. The court will grant such relief as should have been granted by the trial court. Blount v. SJeratt, 113 Mo. 54; Barrett v. Davis, 104 Mo. 549; McMroy v. Maxwell, 101 Mo. 294. Foster paid the note to Cross, who had not the possession thereof, and, in fact, no authority to collect it. Such payment was made at the risk of the party making it. Padley v. Neill, 35 S, W. Eep. 997; Smith'v. Kidd, 68 N. Y. 130; Jones on Mtgs. [3 Ed.], sec. 964; Joy v. Vance, 104 Mich. 97; Trowbridge v. Boss, 63 N. W.…
1Opinion of the CourtMacfarlane, J.
This suit is to enjoin the sale of land under a deed of trust on the ground that the debt secured thereby had been satisfied.
The suit was commenced by Thomas W. Foster against said trust company, as beneficiary in the deed *278of trust, and^the sheriff of Livingston county, substituted trustee, who was proceeding to make the sale. The petition charges that on the first day of January, 1886, he executed his note to defendant trust company for $250, and to secure the same on that day he also executed and delivered to A. W. Berkley as trustee a deed of trust with power of sale on two hundred and…
2Cases cited3 opinions
- Hanna v. South St. Joseph Land Co.Supreme Court of Missouri · 1894
- Cummings v. HurdMissouri Court of Appeals · 1892
- Nearen v. BakewellSupreme Court of Missouri · 1892
3Cited by12 opinions
- Balz v. NelsonMissouri Court of Appeals · 1903
- Koewing v. Greene County Building & Loan Ass'nSupreme Court of Missouri · 1931
- State ex rel. Reed v. ElliottSupreme Court of Missouri · 1904
- Vandergrif v. BrockSupreme Court of Missouri · 1900
- Butler County v. Boatmen's BankSupreme Court of Missouri · 1898
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