Reiger v. Faber
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Shannon O. Douglass, Judge. (1) Plaintiff was not entitled to recover on tbe bond sued on. Sec. 4344, R. S. 1899 (sec. 7080, R. S. 1889). (2) Judicial acts must be shown by the record of the court and where an act is directed to be performed by the court, the act of the judge is insufficient. Smith v. Estes, 72 Mo. 312; Snuffer v. Howerton, 124 Mo. 637; Koch y.
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Appeal from Jackson Circuit Court. — Hon. Shannon O. Douglass, Judge. (1) Plaintiff was not entitled to recover on tbe bond sued on. Sec. 4344, R. S. 1899 (sec. 7080, R. S. 1889). (2) Judicial acts must be shown by the record of the court and where an act is directed to be performed by the court, the act of the judge is insufficient. Smith v. Estes, 72 Mo. 312; Snuffer v. Howerton, 124 Mo. 637; Koch y. Railroad, 77 Mo. 354. (3) Upon the filing of a bond to' redeem at a sale under a deed of trust, the mortgagor becomes entitled to the possession of the property, and the purchaser at such, sale…
1Opinion of the CourtEllison, J.
This action was instituted on a certain statutory redemption bond executed by defendants to the plaintiff. The trial court gave what amounted to a peremptory instruction to' find for plaintiff in the sum of five hundred and fifty dollars, and the defendants come here for relief from the judgment rendered on the verdict thus directed.
The bond was executed under the provision of secs. 7079 and 7080, Revised Statutes 1889 (now secs. 4343 and 4344, Revised Statutes 1899), whereby a *126grantor, in deeds of trust given on land to secure the payment of a debt when such lands were sold by the trustee…
2Cases cited9 opinions
- Davis v. WakeleeSupreme Court of the United States · 1895
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Pearce v. MulfordSupreme Court of the United States · 1880
- Bensieck v. CookSupreme Court of Missouri · 1892
- Dickerson v. BridgesSupreme Court of Missouri · 1898
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3Cited by3 opinions
- McClure v. ClementMissouri Court of Appeals · 1912
- Zimmer v. MassieMissouri Court of Appeals · 1906
- Jenkins v. Springfield Reduction & Chemical Co.Missouri Court of Appeals · 1913