Reid v. Mullins
Supreme Court of Missouri
Error to Fourth District Court, I. Whatever surplus may have remained in the hands of the defendant as trustee, after satisfying the debts included in the deeds of trust, was personal estate, and the property of the grantor in the deeds of trust. (1 Hill. Mort. p. 137, § 15; 2 Greenl. Or. p. 79, § 45 ; 9 Iowa, 407, 412; 1 Washb. Real Prop, p. 531, ¶ 11; 3 Pars.
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Error to Fourth District Court, I. Whatever surplus may have remained in the hands of the defendant as trustee, after satisfying the debts included in the deeds of trust, was personal estate, and the property of the grantor in the deeds of trust. (1 Hill. Mort. p. 137, § 15; 2 Greenl. Or. p. 79, § 45 ; 9 Iowa, 407, 412; 1 Washb. Real Prop, p. 531, ¶ 11; 3 Pars. Cont. pp. 420, 422.) The trust created existed exclusively between the debtor and the trustee, and between the trustee and the creditors. (3 Pars. Cont. 422.) The doctrine of subrogation or substitution does not apply in this case. H.…
1Opinion of the CourtWagner, Judge
This was an action brought by the plaintiff against the defendant to recover certain surplus funds alleged to have been received by the defendant on the sale of lands under a deed of trust. It appears by the petition that on the 31st day of January, 1857, one James Reid, Sr., conveyed certain real estate to defendant in trust to secure the payment of a debt therein named; that on the 2d day of April, 1859, the said Reid executed to defendant in trust a certain other deed to secure the payment of another debt therein specified; and that on the 9th day of September, 1859, said James Reid, Sr.,…
2Cases cited2 opinions
- Foster v. PotterSupreme Court of Missouri · 1866
- Westcott v. De MontrevilleSupreme Court of Missouri · 1860
3Cited by9 opinions
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- Strawbridge v. ClarkSupreme Court of Missouri · 1873
- State Ex Rel. Enyart v. DoudMissouri Court of Appeals · 1925
- Abbe v. JustusMissouri Court of Appeals · 1895
- Grand Teton Mountain Investments, LLC v. Beach Properties, LLCMissouri Court of Appeals · 2012
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