Kreyling v. O'Reilly
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) The certified copy of the deed of trust of date April 23, 1877, on which the respondents’ claim is predicated, was- not properly admitted in evidence, because the acknowledgment thereof was not in accordance with the statute in force when the 'acknowledgment was taken.
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Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) The certified copy of the deed of trust of date April 23, 1877, on which the respondents’ claim is predicated, was- not properly admitted in evidence, because the acknowledgment thereof was not in accordance with the statute in force when the 'acknowledgment was taken. Garner v. Barry, 28 Mo. 438; Calloway v. Pash, 50 Mo. 420; Patterson v. Pagan, 38 Mo. 70; Hoskins v. Atkins, 77 Mo. 539; Hunt v. Selleck, 118 Mo. 588. (2) Under sections 4276, 4277, Revised Statutes 1899, the respondents’ right to foreclosure of the deed of…
1Opinion of the CourtGoode, J.
-On July 13, 1876, David Kreyling and Augusta Kreyling, his wife, executed a deed of trust to M. B. O’Reilly, trustee, to secure a note therein described. Under the power of sale contained in that deed, O’Reilly, the trustee, sold the property on October 18, 1901. After paying the indebtedness secured by the instrument and expenses of the sale, a surplus of $1,626.55 remained in his hands. This surplus is claimed by the plaintiffs as the widow and heirs of Kreyling, and is also claimed by the defendants Benjamin and William Horton as the beneficiaries of a junior deed of trust executed by…
2Cases cited20 opinions
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- Koshkonong v. BurtonSupreme Court of the United States · 1882
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Dunning v. . Ocean National BankNew York Court of Appeals · 1875
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