Section 11 Interests of Deed of Trust Holder and Mortgagee

• Library: Condemnation Practice 2009

A note secured by a deed of trust on property taken in condemnation represents a property interest entitling the owner and holder to just compensation under article II, § 21, of the Missouri Constitution of 1875 (now Mo. Const. art. I, § 26). Morgan v. Willman, 1 S.W.2d 193 (Mo. 1927). The Morgan Court held that unless compensation was paid into court by the condemnor for the owner of the property interest, her proprietary rights were not divested by the condemnation proceedings. It necessarily follows...