Brown v. Barber
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The deed of. trust through which appellant claims title was a first deed of trust, and as such had priority over the deed of trust under which respondent claimed title in his petition. Young v. Comm. Co., 158 Mo. 410; Truesdale v. Brennan, 153 Mo. 600; McDonald y.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The deed of. trust through which appellant claims title was a first deed of trust, and as such had priority over the deed of trust under which respondent claimed title in his petition. Young v. Comm. Co., 158 Mo. 410; Truesdale v. Brennan, 153 Mo. 600; McDonald y. Quick, 139 Mo. 498; Rogers v. Tucker, 94 Mo. 346. (2) The sale under the first deed of'trust cut out all subsequent encumbrances, including' the deed of trust through which respondent in his petition claimed title, and the trustee’s deed to appellant vested the title…
1Opinion of the CourtKennish, J.
This is an action to quiet title, brought in the circuit court of Jackson county. The real estate in controversy- is residence property situate in. Kansas City and of the value of about $1500. The real parties in interest are the respondent, Harry C. Brown, plaintiff below, and appellant, C. H. Barber, one of the defendants against whom the suit was brought. The other defendants were occupying the property as tenants and are merely nominal parties to the suit. The case was tried by the court at the October term, 1907, and a decree entered in favor of the plaintiff, from which the defendant…
2Cases cited6 opinions
- Loewen v. ForseeSupreme Court of Missouri · 1897
- Griffith v. TownleySupreme Court of Missouri · 1878
- Chrisman v. LindermanSupreme Court of Missouri · 1907
- Linville v. SavageSupreme Court of Missouri · 1874
- Truesdale v. BrennanSupreme Court of Missouri · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Sinclair Refining Co. v. WyattSupreme Court of Missouri · 1941
- Field v. BrownMissouri Court of Appeals · 1921
- Bates v. DanaSupreme Court of Missouri · 1939