Stark v. Love
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) Where there are several deeds of trust covering the same property, and a sale is made under an intermediate deed, the surplus proceeds after satisfying the debt secured by the foreclosed deed must be applied on the junior and not on the senior deed. Holweg v. T-Ieitkamp, 20 Mo. 569; Forster v. Potter, 37 Mo. 534; Reed v. Mullins, 43 Mo. 306; Strawbridge v. Clark, 52 Mo. 21; Abbe v. Justus, 60 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) Where there are several deeds of trust covering the same property, and a sale is made under an intermediate deed, the surplus proceeds after satisfying the debt secured by the foreclosed deed must be applied on the junior and not on the senior deed. Holweg v. T-Ieitkamp, 20 Mo. 569; Forster v. Potter, 37 Mo. 534; Reed v. Mullins, 43 Mo. 306; Strawbridge v. Clark, 52 Mo. 21; Abbe v. Justus, 60 Mo. App. 305; Scott v. Shy, 53 Mo. 478; Schmidt v. Smith, 57 Mo. 135. (2) To authorize a payment to the senior as against the…
1Opinion of the CourtBland, P. J.
There were three deeds of trust on a lot of ground, in block No. 3741, city of St. Louis. The senior deed was to secure a note of $1,000 and seven interest notes; the intermediate one was to secure a note of $3,200 and six interest notes; the junior one was to secure a note of $1,800 and four interest notes. Defendant John E. Love was trustee in the intermediate deed of trust, and as such trustee advertised and sold the lot at public auction, at which sale one Elizabeth Raebel became the highest and best bidder for the property. Out of the proceeds Love paid the debt and interest, amounting…
2Cases cited5 opinions
- Bank v. Sheriff of Sevier CountyTennessee Supreme Court · 1849
- Helweg v. HeitcampSupreme Court of Missouri · 1855
- Schmidt v. SmithSupreme Court of Missouri · 1874
- State v. JonesSupreme Court of Missouri · 1873
- McGuire v. WilkinsonSupreme Court of Missouri · 1880
3Cited by3 opinions
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- Ozark Production Credit Ass'n v. WaldenMissouri Court of Appeals · 1985
- Willis Lucas Lumber Co. v. NealMissouri Court of Appeals · 1928