Dawson v. Egger

• Decision Date: 04 March 1889
• Citation: 11 S.W. 61,97 Mo. 36
• Parties: DAWSON v. EGGER.
• Court: Missouri Supreme Court

11 S.W. 61

97 Mo. 36

DAWSON v. EGGER.

Supreme Court of Missouri.

March 4, 1889.

MORTGAGES — FORECLOSURE — REDEMPTION.

Under Rev. St. Mo. § 3298, providing that land sold under a deed of trust, and bought by the cestui que trust or his assigns, shall be subject to redemption within one year from the date of sale; and section 3299, providing that no party shall have the benefit of the preceding section until he shall have given security for the payment of interest to accrue after the sale, such security must be given at the date of the sale. Following Updike v. Elevator Co., 8 S. W. Rep. 779.

Appeal from circuit court, Barton county; CHARLES G. BURTON, Judge.

This suit was instituted November 28, 1883, to redeem certain lands which had been sold by trustee, under deed of trust, and bought in by F. Egger, the respondent. In August, 1881, E. C. Hixson, being the owner of the property in question, conveyed the same to G. E. Bowling as trustee, by ordinary deed of trust, to secure the payment of a note for $700 and interest, to Isaac Parsons. Afterwards Parsons sold and assigned said note and deed of trust to F. Egger & Sons, a banking firm at Lamar, Mo., composed of F. Egger and his two sons, Thomas and John; and Hixson sold and conveyed said land to W. W. Dawson, the appellant, who resided at Cincinnati, Ohio. Afterwards F. Egger & Sons notified Dawson by mail that the note would be due July 15, 1883, and, unless paid, they would proceed to have the land sold under the deed of trust. The note not being paid, F. Egger & Sons requested the trustee to proceed to advertise and sell the property, which he did, fixing the date of sale for September 15, 1883. At this sale the respondent, F. Egger, bought in all the property for $311, and the trustee on the same day executed and delivered to him a deed to the land. About 30 days after the sale, Dawson tendered to Egger the full amount of the debt and interest, and all costs and charges incurred in making the sale, and demanded to redeem; but Egger refused to accept the money, or to permit Dawson to redeem; and on the same day the same tender and demand were made to Thomas Egger, and also by him refused. Then, on the 23d day of November, 1883, with a view to redeeming, Dawson paid to F. Egger & Sons the balance due on the note; but in accepting the money they stated that they did not do so with the intention of permitting Dawson to redeem, but only in satisfaction of the judgment which they had in the mean...