Orr v. Rode
Supreme Court of Missouri
Error to Buchanan Circuit Court. — Hon. J. P. Grubb, Judge. This action was commenced by the plaintiff October 30, 1880, against the children of John H. Rode, deceased, who are the sole devisees (and the husbands of such of them as were married women), and James W. Strong, Ira Brown and others, to foreclose a deed of trust in the nature of a mortgage executed by defendant Strong, dated April 3, 1867, purporting to convey certain land described in Buchanan county, Missouri,…
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Error to Buchanan Circuit Court. — Hon. J. P. Grubb, Judge. This action was commenced by the plaintiff October 30, 1880, against the children of John H. Rode, deceased, who are the sole devisees (and the husbands of such of them as were married women), and James W. Strong, Ira Brown and others, to foreclose a deed of trust in the nature of a mortgage executed by defendant Strong, dated April 3, 1867, purporting to convey certain land described in Buchanan county, Missouri, to defendant Brown, in trust to secure the payment of a promissory note of the same date, whereby defendant Strong…
1Opinion of the CourtBarclay, J.
In the construction of such an instrument as the deed from Rode to Strong in this case the first and best rule of interpretation is to gather from the entire document, as best we may, the intention of the parties to it and give effect to such intent when manifest. Gibson v. Bogy, 28 Mo. 478.
The deed in question conferred on Strong not merely a power of sale but the legal estate, as well, in trust for certain purposes defined. The prime object of the trust was declared to be the payment of the debts of Rode. This court has held that, where such was the object, a power of sale necessarily was…
2Cases cited12 opinions
- Warner v. Connecticut Mutual Life InsuranceSupreme Court of the United States · 1883
- Coughlin v. HaeusslerSupreme Court of Missouri · 1872
- Cruchon v. BrownSupreme Court of Missouri · 1874
- Booker v. ArmstrongSupreme Court of Missouri · 1887
- Crispen v. HannovanSupreme Court of Missouri · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Banking House of Wilcoxson & Co. v. RoodSupreme Court of Missouri · 1896
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- Weiermueller v. ScullinSupreme Court of Missouri · 1907
- Asbury v. HicklinSupreme Court of Missouri · 1904
12 more not listed; retrieve them via the Exa API.