Weary v. Wittmer
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. This is a suit in equity. Wolf v. Ward, 104 Mo. 127; Thayer v. Campbell, 9 Mo. 280; Mosby v. Hodge, 76 N. C. 388; Welkins v. Gordon, 11 Leigh, 547; 26 Am. and Eng. Ency. of Law, 882. The appellants were not entitled to a trial by jury. Stilwell v. Kellogg, 14 Wis. 461; 6 Am. and Eng.
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Appeal from the St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. This is a suit in equity. Wolf v. Ward, 104 Mo. 127; Thayer v. Campbell, 9 Mo. 280; Mosby v. Hodge, 76 N. C. 388; Welkins v. Gordon, 11 Leigh, 547; 26 Am. and Eng. Ency. of Law, 882. The appellants were not entitled to a trial by jury. Stilwell v. Kellogg, 14 Wis. 461; 6 Am. and Eng. Ency. of Law [2 Ed.], 976, par. 1; State v. Churchill, 48 Ark. 436; Flint Eiver S. B. Co. v. Foster, 5 Ga. 194. The court ruled correctly in striking out the defense of Knox, based on his sale pendente lite, under the deed of trust.…
1Opinion of the CourtBiggs, J.
This is an action to foreclose a deed of trust. Herman H. Wittmer, the grantor, Henry M. Knox, the trustee, George W. Campbell, the original payee of the notes, and William C. Richardson, admin*550istrator of the estate of Jeptha H. Simpson, deceased, were made defendants. The deed of trust was executed on'the twenty-third day of July, 1888, conveying a certain lot in trust to secure the' payment of forty-six negotiable notes executed by Wittmer to Campbell, which notes were of the date of the deed of trust. There was one note for $580, due sixty days after date; thirty-five notes of $30 each,…
2Cases cited6 opinions
- Fithian v. MonksSupreme Court of Missouri · 1869
- Mitchell v. LadewSupreme Court of Missouri · 1865
- McClurg v. PhillipsSupreme Court of Missouri · 1872
- Hurck v. ErskineSupreme Court of Missouri · 1870
- Thompson v. FieldSupreme Court of Missouri · 1866
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3Cited by1 opinion
- Stewart v. Omaha Loan & Trust Co.Supreme Court of Missouri · 1920