Powell v. Morrison
Supreme Court of Missouri
Appeal from St. Louis Circuit Cowt. The promissory note in question was trust property. It had been executed to James Castello, sheriff of St. Louis county, to secure the purchase money in part of real estate sold by said sheriff in a proceeding in court for partition under our statutes.
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Appeal from St. Louis Circuit Cowt. The promissory note in question was trust property. It had been executed to James Castello, sheriff of St. Louis county, to secure the purchase money in part of real estate sold by said sheriff in a proceeding in court for partition under our statutes. It was by the statute the duty of said officer to hold the note in his own possession, collect it and pay over the moneys so collected to parties in interest, litigants in court, or deliver the note on going out of office to his successor in office. He had no other duties in regard to the note; he had no…
1Opinion of the CourtBates, Judge
The plaintiff, Powell, was party to a suit in partition of land, in which suit a judgment was rendered determining the respective interests of the parties ; and the property be*250ing incapable of division was, by order of the court, sold by the sheriff and bought by Pottle & Bailey. The sale was partly upon credit, and Pottle & Bailey gave to the sheriff their notes for the deferred payments, and to secure the payment of them gave a deed of trust of the property bought by them. One of the notes given by Pottle & Bailey was endorsed in blank by the sheriff, who, through a street-broker, sold the…
2Cited by13 opinions
- McLeod v. DespainOregon Supreme Court · 1907
- Hill v. FlemingCourt of Appeals of Kentucky · 1908
- William R. Compton Co. v. Farmers Trust Co.Missouri Court of Appeals · 1925
- Sanford v. Van PeltSupreme Court of Missouri · 1926
- American Surety Co. v. Multnomah CountyOregon Supreme Court · 1943
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