90 Mo. 48 | Mo. | 1886
On the second day of June, 1882, Prances Atchison owned, and her husband joining her in a deed, conveyed lot seventy-five, block four, Whipple’s addition to Kansas City, to Walter Mitchell, who on the next day conveyed it by deed of trust to A. Whipple to secure the payment of his several promissory notes, forty-two in number, given for' the purchase price of said lot, payable to William Atchison, the husband of Prances, one falling due every three months after their date, the second day of June, 1882. By the terms of the deed if any note was not paid at its maturity upon demand of said Atchison, or his assigns, the trustee was authorized to advertise and sell said property, and in case of sale all of said notes were to become due and payable.
Our statute (sec. 3298, R. S.), gives the grantor in a deed of trust the right -to redeem within one year, if the property is bought by the cestui que trust, or his assignee, or by any other person for him. But section 3299 provides that: No party shall have the benefit of the preceding section until he shall
Bo far as this proceeding is concerned, it matters not that the execution of the deed by Whipple was premature. If no deed had been executed, the plaintiff could have redeemed only by complying with the statute, and the execution of the deed prematurely did not deprive Mitchell, or his assignee, of the right secured to him by the statute. It will be time enough, however, to pass upon the status of a bona fide purchaser from the cestui que trust wdien the latter has purchased the property and taken a deed before the expiration of one year from the sale, when a case is presented in which the grantor in the deed of trust has placed himself in a position to ask to redeem by complying with the statute. The notes all became due when the sale was made in default of payment of one. This was the stipulation in the deed, but whether for all pur • poses they are all to be deemed then due or not, the power to sell and convey was expressly given in the event that either of the notes was not paid at its ma
The judgment is affirmed.