Allen v. M'Cabe
Decision Date | 28 November 1887 |
Citation | 6 S.W. 62,93 Mo. 138 |
Parties | ALLEN v. McCABE and others. |
Court | Missouri Supreme Court |
Andrew Mackey, Jr., for plaintiff in error. C. A. Schnake, for defendant in error.
This is an action of ejectment instituted in the circuit court of the city of St. Louis, to recover possession of lot 10, in city block 688, in Peter Lindell's addition to the city of St. Louis. Defendant McCabe is the tenant of defendant Schrader. The case was tried by the court, without a jury, on an agreed statement of facts, from which it appears that, on the sixteenth of July, 1874, one Josiah G. McClelland, who was at the time the owner in fee-simple of said lot, by his deed of that date, in which his wife joined, duly executed, acknowledged, and recorded, conveyed said lot to one Adolph Kehr, in trust, to secure the payment to said defendant Schrader of certain promissory notes which she held of his. On the fifth of October, 1880, a suit was instituted in the circuit court of the city of St. Louis by the state, at the relation of the collector of said city, for the recovery of the taxes due and unpaid on said lot for the years 1876, 1877, and 1878, in which suit the said McClelland and Schrader were made parties defendant. McClelland was served, but no service was obtained on Schrader, and the cause was dismissed as to her before judgment. On the twenty-eighth of March, 1881, judgment was rendered for plaintiff in said suit for the amount of taxes due on said lot for said years, interest and costs, a special fieri facias issued, and by virtue thereof the lot was sold by the sheriff on the sixteenth of June thereafter to the plaintiff, who, on the twenty-ninth of the same month received the sheriff's deed therefor, which was duly recorded, and under which he claims title. On the first of October, 1881, McClelland, being in default on his promissory notes, secured by the deed of trust aforesaid, surrendered possession of the premises then occupied by his tenant, McCabe, to the defendant Schrader the cestui que trust, and directed McCabe thereafter to pay the rents to her, which he did, and the same was credited on said notes as paid. This continued until May 8, 1882, when the property was sold under the deed of trust, and defendant Schrader became the purchaser,...
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