Phillips v. Jackson
Supreme Court of Missouri
Appeal from Bollinger Circuit Court. — Row. Charles A. Killian, Judge. (1) From the twelfth day of February, 1896, Mary A. Jackson, through her husband and agent, was in the possession of all the farm lands in the petition. So that we have here the case of a mortgagee (or what is the same thing, the beneficiary in a deed of trust) in possession of the mortgaged property.
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Appeal from Bollinger Circuit Court. — Row. Charles A. Killian, Judge. (1) From the twelfth day of February, 1896, Mary A. Jackson, through her husband and agent, was in the possession of all the farm lands in the petition. So that we have here the case of a mortgagee (or what is the same thing, the beneficiary in a deed of trust) in possession of the mortgaged property. Therefore she was a constructive trustee for the use 'and benefit of these plaintiffs and is bound to account for all the rents and profits in the due course of administration. Perry on Trusts (3 Ed.), sec. 243; Anthony v.…
1Opinion of the Court
BOND, C.
This suit was begun by H. N. Phillips and wife; Susan A. Phillips, in the circuit court of Dunklin county, Missouri, on the 25th day of May, 1904, against Robert J. Jackson and wife, Mary A. J ackson.
*320Robert J. Jackson having died, the case was revived against his heirs, and after change of venue to Bollinger county, plaintiffs filed an amended petition setting forth, in substance, that on the 12th day of February, 1896, they were the owners of a section of land situated in Dunklin county, Missouri (describing it), of the net rental value of about $1500'; that being indebted to…
2Cases cited12 opinions
- Rose v. BatesSupreme Court of Missouri · 1848
- Turner v. JohnsonSupreme Court of Missouri · 1888
- Henderson v. DickeySupreme Court of Missouri · 1872
- Turner v. KerrSupreme Court of Missouri · 1869
- Leahey v. WitteSupreme Court of Missouri · 1894
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3Cited by15 opinions
- Swon v. HuddlestonSupreme Court of Missouri · 1955
- Suhre v. BuschSupreme Court of Missouri · 1938
- Parker v. BlakeleySupreme Court of Missouri · 1936
- Willis v. RobinsonSupreme Court of Missouri · 1922
- Gates Hotel Co. v. C. R. H. Davis Real Estate Co.Supreme Court of Missouri · 1932
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