Simpson v. Keane
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — How. Daniel Dillon, Judge. The provisions of the mortgage show an intention to dispense with a receiver or the possession, in order to entitle the mortgagee to the rents; show an assignment of the rents and 'income as a' part of the mortgagee’s security, and show an agreement for the payment of rents before sale by the mortgagor, in liquidation of the debt thereby secured, in any of which cases all the law requires of the…
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Appeal from the St. Louis City Circuit Court. — How. Daniel Dillon, Judge. The provisions of the mortgage show an intention to dispense with a receiver or the possession, in order to entitle the mortgagee to the rents; show an assignment of the rents and 'income as a' part of the mortgagee’s security, and show an agreement for the payment of rents before sale by the mortgagor, in liquidation of the debt thereby secured, in any of which cases all the law requires of the mortgagee, in order that he may avail himself of the rents, is simply a demand therefor. Sav. & Trust Co. v. S heppard, 127…
1Opinion of the CourtBiggs, J.
This is a contest between plaintiff and defendant involving the question of the ownership of certain rents alleged to have been collected by the defendant. The court sustained a demurrer to the petition, and, the plaintiff declining to plead further, the court dismissed his bill, and entered judgment against him for costs. The correctness of this ruling is the only question presented for our consideration.
The facts upon which the plaintiff predicated his right of recovery may be stated as follows: On the twelfth day of March, 1887, one Felix Raeman and wife executed, acknowledged and…
2Cases cited8 opinions
- Lacey v. GiboneySupreme Court of Missouri · 1865
- Barnett v. TimberlakeSupreme Court of Missouri · 1874
- M'Kirhcer v. HawleyNew York Supreme Court · 1819
- Kennett v. PlummerSupreme Court of Missouri · 1859
- Sheble v. CurdtSupreme Court of Missouri · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Armour Packing Co. v. Wolff & Co.Missouri Court of Appeals · 1894