Hospes v. Almstedt
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Lindley, J. The delivery of the note and deed of trust, by the receiver, gave no title thereto. — Blunt v. Olitherow, 6 Yes. 799 ; Attorney-General v. Vigor, 11 Ves. 563 ; Hooper v. Winston, 24 Ill. 366 ; Johnson v. Guenter, 6 Bush, 535. The estates were merged.
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Appeal from the St. Louis Circuit Court, Lindley, J. The delivery of the note and deed of trust, by the receiver, gave no title thereto. — Blunt v. Olitherow, 6 Yes. 799 ; Attorney-General v. Vigor, 11 Ves. 563 ; Hooper v. Winston, 24 Ill. 366 ; Johnson v. Guenter, 6 Bush, 535. The estates were merged. Under the facts there could be no merger. — The ¿State to use v. Koch, 47 Mo. 584; Bimonton v. Gray, 34 Me. 50; Den v. Brown,-26 N. J. L. 205 ; Swope v. Leffingwell, 72 Mo. 348.
1Opinion of the CourtThompsoN, J.
The plaintiff, claiming title to certain property, seeks in this suit in equity to have a certain deed of trust thereon and note secured thereby, delivered up and cancelled, and to have a sale which has taken place thereunder declared void. The only question which we shall consider is the question of the title of the defendant Almstedt, to the note and deed of trust. The note, for the sum of $16,500, and the *271deed of trust securing the same, were owned by Joseph Jecko and G. H. Hospes, who were partners in the practice of the law. The defendant Almstedt held the note of these partners to the…
2Cases cited3 opinions
- State ex rel. Peters v. KochSupreme Court of Missouri · 1871
- Atkinson v. AngertSupreme Court of Missouri · 1870
- Johnson v. GunterCourt of Appeals of Kentucky · 1869
3Cited by9 opinions
- Curry v. LafonMissouri Court of Appeals · 1908
- Bassett v. O'BrienSupreme Court of Missouri · 1899
- Gerardi v. ChristieMissouri Court of Appeals · 1910
- Sater v. HuntMissouri Court of Appeals · 1896
- Londoff v. GarfinkelMissouri Court of Appeals · 1971
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