Simily v. Adams
Missouri Court of Appeals
Appeal from Phelps Circuit Court. — Hon. Leigh B. Woodside, Judge. STATEMENT OF THE CASE. The record is meagre but we incline to concur with the trial court’s findings. . Earnest Broedlow owned some land which he executed a deed of trust on in favor of his brother, Andrew Broedlow, to secure a promissory note for one thousand dollars. This was done in 1894. D. E. Cowan was trustee.
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Appeal from Phelps Circuit Court. — Hon. Leigh B. Woodside, Judge. STATEMENT OF THE CASE. The record is meagre but we incline to concur with the trial court’s findings. . Earnest Broedlow owned some land which he executed a deed of trust on in favor of his brother, Andrew Broedlow, to secure a promissory note for one thousand dollars. This was done in 1894. D. E. Cowan was trustee. It seems Earnest Broedlow had made a subsequent deed of trust on the land to secure another note of uncertain amount, from four to six hundred dollars, on which Joseph Simily, the plaintiff, H. B. Adams, deceased,…
1Opinion of the CourtGoode, J.
Plaintiff’s case, to have a lien declared, is strong. The effect of the agreement in reference to the foreclosure sale was that Adams was to get the land and protect Simily on the note they owed to Andrew Broedlow, and also the one they were sureties on for Earnest Broedlow. Adams paid the latter in full, the other only partially. His bid was $1,450, actually or approximately the amount of the two. He was excused from paying any part of the bid in cash to the trustee on account of his agreeing to take care of those debts. Simily owned half of the deed of trust note and was entitled to half…
2Cases cited10 opinions
- Woodall v. Kelly & Co.Supreme Court of Alabama · 1888
- Edmonson v. PhillipsSupreme Court of Missouri · 1880
- Pratt v. ClarkSupreme Court of Missouri · 1874
- Joiner v. PerkinsTexas Supreme Court · 1883
- Hankey v. DowneyIndiana Supreme Court · 1888
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3Cited by2 opinions
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