Cassatt v. Vogel
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Horner, J. It was error to consider the deed of trust. — Chambers v. Carthels, 35 Mo. 374. If the plaintiff has an action it is not against this executor. — Whittelsy v. Brohammer, 31 Mo. 98; Sauer v. Griffin, 67 Mo. 654.
1Opinion of the CourtLewis, P. J.
The amended petition sets forth, in substance, that the defendant’s testator, in his lifetime, executed a deed of trust to- secure a note payable to the plaintiff, in which deed it was covenanted and agreed on the part of the grantor “ that the buildings standing on the real estate conveyed by said deed to the trustees, in said deed designated, should be kept insured in a sum of not less than $25,000, and that said insurance should be placed in a company, or in companies, satisfactory to and designated by said trustees, or either of them; * * * that, in case said insurance should not be taken…
2Cases cited2 opinions
- Sauer v. GriffinSupreme Court of Missouri · 1878
- Whittelsey v. BrohammerSupreme Court of Missouri · 1860
3Cited by1 opinion
- Stockham v. Leach and FruitsMissouri Court of Appeals · 1922