Home/Missouri Court of Appeals/McAdow v. Miltenberger

McAdow v. Miltenberger

75 Mo. App. 346, 1898 Mo. App. LEXIS 436
CourtMissouri Court of Appeals
DecidedMay 10, 1898
StatusPublished
Cited by3 cases

This text of 75 Mo. App. 346 (McAdow v. Miltenberger) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McAdow v. Miltenberger, 75 Mo. App. 346, 1898 Mo. App. LEXIS 436 (Mo. Ct. App. 1898).

Opinion

Bland, P. J. —

statement. In March, 1895, Miltenberger was the owner of a lot of ground fronting three hundred and forty feet on the north line of Lindell Boulevard in the city of St. Louis, which he subdivided into nine lots and commenced the erection thereon of nine dwelling houses, numbered 4103, 4107, 4111, 4115, 4117, 4121, 4125, 4129 and 4133. On June 27, 1895, Miltenberger and wife executed nine deeds of trust, each of which covered one of these houses, all of which were recorded June 28, 1895. Six of these trust deeds were made to August G-ehner, for Joseph Dormitzer, to secure the payment of $8,000 loaned on each of the six houses. Two of < the deeds of trust covering houses numbers 4125 and 4133 were to. Joseph Dormitzer, trustee, to secure two notes for $8,000, each payable to the estate of Marc Eidlitz, of New York. The remaining deed of trust was to Joseph Dormitzer, trustee, to secure a note of $8,000, payable to Otto M. Eidlitz. On September 24, 1895, said Wm. H. Miltenberger and wife conveyed houses 4107, 4111 and 4129 to Ellen J. McKee; on January 2, 1896, they conveyed, house number 4103 to Chas. A. Kanther, and on January 4, 1896, they conveyed houses 4117, 4121, 4125 and 4133 to Bernard M. Verdin. On the twentieth day of January, 1896, the executors of the estate of Marc Eidlitz assigned the deed of trust on the house number 4125 and notes thereby secured, to Robert J. Eidlitz, and the deed of [350]*350trust on house number 4133 Lindell, and notes thereby secured, to Mathilda Eidlitz. Each of these assignments was by'deed, which was acknowledged and duly recorded in the recorder’s office of the city of St. Louis, on the seventh day of February, 1896. On the twenty-eighth day of January, 1897, Joseph Dormitzer, trustee, under the deed of trust securing said notes originally made payable to the “estate of Marc Eidlitz,” sold the property covered by these deeds, viz.: Houses 4125 and 4133, Lindell Boulevard, under the power of sale therein contained, and Bernard F. Huffit purchased these houses at said sale for the sum of $8,000 each. And thereafter on February 1,1897, said B. F. Huffit executed a deed of trust to Joseph Dormitzer, trustee for Robert J. Eidlitz, on house number 4125 to secure a loan of $8,000, and on the same day executed a deed of trust to Dormitzer, trustee for Mathilda Eidlitz, to secure a loan of $8,000 on house number 4133. John F. Green purchased house number 4103 at trustee’s sale thereof.

Plaintiffs furnished the materials and did the work sued for under three separate contracts) all of which were made subsequent to the execution of the nine deeds of trust on these houses, executed on the twenty-seventh day of June, 1895.. The first of these .three separate contracts was dated July 16, 1895, and isas follows:

“St. Louis, July 16th, 1895.
9 houses on Lindell
For building 6 houses on Delmar
“W. H. Miltenburg
“We agree to furnish for Mr. Olin D. Whittier the following mantels, grates and tiling, all set complete, in first class manner, for four thousand, three hundred dollars.
[351]

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Related

Hiller v. Schulte
167 S.W. 461 (Missouri Court of Appeals, 1913)
Berkshire Lumber Co. v. J. S. Chick Investment Co.
155 S.W. 904 (Missouri Court of Appeals, 1913)
Cousins v. Bowling
74 S.W. 168 (Missouri Court of Appeals, 1903)

Cite This Page — Counsel Stack

Bluebook (online)
75 Mo. App. 346, 1898 Mo. App. LEXIS 436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcadow-v-miltenberger-moctapp-1898.