Determining Venue when filing suit to cancel deed of trust
Statute mandating that venue for suits affecting title to real property be brought in county where real property was situated did not apply to action brought by borrower and his wife against lender to determine whether lien on deed of trust securing note had been extinguished; regardless of outcome of suit, plaintiffs would still have title to real estate at issue. Sabatino v. LaSalle Bank, N.A. (App. W.D. 2003) 96 S.W.3d 113. Venue 5.1
Plaintiff may bring suit to set aside sale under deed of trust; to cancel deed of trust and account for the value of the land, but cannot be compelled to convey land in a county other than that in which the suit is pending. Marston v. Catterlin (Sup. 1921) 234 S.W. 816, 290 Mo. 185.
Suits to determine priority of liens on land do not affect title to the land and do not come under the provisions of this section. Baker v. Farmers' Bank of Conway (App. 1926) 279 S.W. 428, 220 Mo.App. 85.
Petition seeking an accounting and the cancellation of deeds of trust on the ground that, if proper credits had been given, the deeds of trust would have been paid off and satisfied, held not an action affecting the “title to real estate”, since such petition merely constitutes a bill in equity for an accounting. State ex rel. Maxwell Inv. Co. v. Huck (Sup. 1922) 240 S.W. 236. Venue 5.4
The circuit court of city of St. Louis was without jurisdiction to decree cancellation of trust deed on land in St. Louis county for fraud in procurement of deed. Howell v. Reynolds (Sup. 1952) 249 S.W.2d 381. Courts 18
The fact that circuit court of city of St. Louis was without jurisdiction to cancel trust deed on land in St. Louis County did not render portion of its decree, cancelling note secured by such deed, void, but it was vested with jurisdiction to cancel note, where petition in suit before it sought and evidence warranted such cancellation. Howell v. Reynolds (Sup. 1952) 249 S.W.2d 381. Cancellation Of Instruments 33