Berlien v. Bieler
Supreme Court of Missouri
Appeal from FranTclin Circuit Court. — Hon. A. J. Seat, Judge. (1) Helm having bought at “the tax sale, under a contract with plaintiff, whereby he undertook to protect plaintiff’s interests in the land by buying it in, and holding the title that should pass to him as security for the purchase money, and as security for the money plaintiff then owed him, took the title that passed by the sheriff’s deed, in trust for plaintiff.
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Appeal from FranTclin Circuit Court. — Hon. A. J. Seat, Judge. (1) Helm having bought at “the tax sale, under a contract with plaintiff, whereby he undertook to protect plaintiff’s interests in the land by buying it in, and holding the title that should pass to him as security for the purchase money, and as security for the money plaintiff then owed him, took the title that passed by the sheriff’s deed, in trust for plaintiff. And Helm, by said conveyance, acquired no other beneficial interest than a right to hold the purchase as security for the payment of the moneys which plaintiff…
1Opinion of the CourtSiierwood, J.
William Helm owned the tract of land in controversy. He lived in Michigan, and died there in 1874, leaving a will, by which he devised the property to his wife Sophie, during her life or widowhood, with remainder to their children. In 1876, Berlien, the plaintiff, who owned a house and lot in Detroit, worth some two thousand dollars, exchanged the same with her for the Franklin county land, executed the contract on his part, placed her in possession, but obtained no deed in return, only a letter dated March 26, 1876, from her to one Schmidt, her agent in Franklin county, informing him that…
2Cases cited1 opinion
- Leavitt v. LaForceSupreme Court of Missouri · 1879
3Cited by5 opinions
- Courtney v. BlackwellSupreme Court of Missouri · 1899
- Bell v. CampbellSupreme Court of Missouri · 1894
- Phillips v. HardenburgSupreme Court of Missouri · 1904
- Benn v. PritchettSupreme Court of Missouri · 1901
- Harras v. HarrasWashington Supreme Court · 1910