Martin v. Teasdale
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) Aside from the Act of 1891, it is well settled in this State that, although a note or bond secured by mortgage or deed of trust may be barred so that no action can be maintained thereon, yet the deed of trust or mortgage may be enforced against the land by trustee’s sale or foreclosure.
Read the full summary
Transferred from St. Louis Court of Appeals. (1) Aside from the Act of 1891, it is well settled in this State that, although a note or bond secured by mortgage or deed of trust may be barred so that no action can be maintained thereon, yet the deed of trust or mortgage may be enforced against the land by trustee’s sale or foreclosure. Bumgardner v. Wealand, 197 Mo. 435; Long v. Long, 141 Mo. 368; Lewis v. Schwenn, 93 Mo. 26; Booker v. Armstrong, 93 Mo. 49; Gardner v. Terry, 99 Mo. 523; Benton Co. v. Czarlinsky, 101 Mo. 279; Orr v. Rode, 101 Mo. 387; Combs v. Goldsworth, 109 Mo. 159; Chouteau…
1Opinion of the CourtLamm, J.
— This case was certified here hy the St. Louis Court of Appeals, after opinion written and handed down (Stockton v. Teasdale, 115 Mo. App. 245), on the theory it was in conflict with a decision of the Kansas City Court of Appeals (Stanton v. Gibbins, 103 Mo. App. 264). Afterwards, in another case, this court determined the proposition involved (Bumgardner v. Wealand, 197 Mo. 433), holding with Stockton v. Teasdale, supra. Thereafter, the Kansas City Court of Appeals placed itself in line with the Bumgardner case (McCauley v. Brady, 123 Mo. App. 558), and with its prior decision in Little v.…
2Cases cited4 opinions
- Stanton v. GibbinsMissouri Court of Appeals · 1903
- M'cCauley v. BradyMissouri Court of Appeals · 1907
- Bumgardner v. WealandSupreme Court of Missouri · 1906
- Stockton v. TeasdaleMissouri Court of Appeals · 1905
3Cited by5 opinions
- Manhattan Life Ins. Co. v. CohenCourt of Appeals of Texas · 1911
- Berryman v. BeckerMissouri Court of Appeals · 1913
- Morrison v. RoehlSupreme Court of Missouri · 1908
- Engle v. Worth CountySupreme Court of Missouri · 1919
- Hubbard v. DahlkeSupreme Court of Missouri · 1919