Hancock v. Whybark
Supreme Court of Missouri
Error to Wayne Circuit Court. — Hon. R. P. Owen, Judge. 1. This is a direct action between the parties to the deed of trust for the possession and determination of title to the very property claimed to be conveyed thereby, before the property had been demanded or had gone out of the defendant’s possession. It was competent to prove payment of the debt, and consequent extinguishment of the power to sell.
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Error to Wayne Circuit Court. — Hon. R. P. Owen, Judge. 1. This is a direct action between the parties to the deed of trust for the possession and determination of title to the very property claimed to be conveyed thereby, before the property had been demanded or had gone out of the defendant’s possession. It was competent to prove payment of the debt, and consequent extinguishment of the power to sell. The fact that a large portion of the property was not covered by the deed of trust, or any other fact tending to disprove plaintiff’s .title, ownership or right to the possession of the…
1Opinion of the CourtHough, J.
— This was an action brought in the circuit court of Wayne county, under the statute in relation to the claim and delivery of personal property, for the recovery of “ one circular saw mill, one steam engine, one steam boiler, and the necessary running apparatus thereto belonging.” On the 11th day of April, 1872, the defendants executed a deed of trust, whereby«they conveyed the property sued for to one B. E. Carter, as trustee, to secure the payment of 'certain obligations made by them to the plaintiff. On the 22d day of July, 1872, the trustee, assuming to act under the power conferred upon…
2Cases cited2 opinions
- Vail v. JacobsSupreme Court of Missouri · 1876
- Neilson v. County of CharitonSupreme Court of Missouri · 1875
3Cited by1 opinion
- DeLaureal v. KemperMissouri Court of Appeals · 1880