State ex rel. Wyandotte Lodge No. 35 of the Independent Order of Odd Fellows v. Evans
Supreme Court of Missouri
Prohibition. (1) Assuming that the proceedings are in equity (which relators deny) to foreclose a mortgage or deed of trust, the sale of the property .made therein must be confirmed by the court. (2) The purchaser of property at a sale thereof made in a proceeding to foreclose a mortgage or deed of trust in a court of equity is not entitled to a writ of assistance or possession to put him in possession of the same, prior to the confirmation of said sale by the court.
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Prohibition. (1) Assuming that the proceedings are in equity (which relators deny) to foreclose a mortgage or deed of trust, the sale of the property .made therein must be confirmed by the court. (2) The purchaser of property at a sale thereof made in a proceeding to foreclose a mortgage or deed of trust in a court of equity is not entitled to a writ of assistance or possession to put him in possession of the same, prior to the confirmation of said sale by the court. (3) The foreclosure proceedings in question are not proceedings in equity, but are under the statutes and at law. (4) The…
1Opinion of the CourtValliant, J.
This is an original proceeding by which the relator seeks a writ to prohibit a judge of the circuit court in Jackson county issuing a writ of assistance to put the purchaser into possession of certain real estate which was sold under a decree of that court in a suit to foreclose a deed of trust.
The application for the writ of prohibition is based on two propositions: first, that the suit in which the foreclosure judgment was rendered was an action at law in which relator says no writ of assistance can issue; second, if relator is mistaken in the nature of that suit and it is to be adjudged a…
2Cases cited12 opinions
- Root v. WoolworthSupreme Court of the United States · 1893
- Fithian v. MonksSupreme Court of Missouri · 1869
- Jones v. ManlySupreme Court of Missouri · 1875
- Grayson v. WeddleSupreme Court of Missouri · 1876
- Thayer v. CampbellSupreme Court of Missouri · 1845
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Rhodus v. GeatleySupreme Court of Missouri · 1941
- Edmondson v. EdmondsonMissouri Court of Appeals · 1951
- Louis v. AndreaSupreme Court of Missouri · 1960
- Boatmen's National Bank of St. Louis v. DandyMissouri Court of Appeals · 1990
- Potter v. WhittenMissouri Court of Appeals · 1911
14 more not listed; retrieve them via the Exa API.