Keith v. Browning
Supreme Court of Missouri
Appeal from Adair Circuit Court. — Hon. Andrew Ellison, Judge. (1) Section 7079, Revised Statutes 1889, provides for the redemption of real estate from sale under trust deed where the cestui que trust, his assignee, or any person for him shall have been the purchaser, and if the allegation in the petition that the property was purchased for the cestui que trust or for him and the purchaser jointly, is sustained by the evidence, we assume that the case is within the statute,…
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Appeal from Adair Circuit Court. — Hon. Andrew Ellison, Judge. (1) Section 7079, Revised Statutes 1889, provides for the redemption of real estate from sale under trust deed where the cestui que trust, his assignee, or any person for him shall have been the purchaser, and if the allegation in the petition that the property was purchased for the cestui que trust or for him and the purchaser jointly, is sustained by the evidence, we assume that the case is within the statute, the same as if the cestui que trust had bid the property in in his own name. (2) Appellants were entitled to reasonable…
1Opinion of the CourtBurgess, J.
This is a suit in equity to redeem certain real estate in Kirksville, Missouri, from sale under deed of trust by the trustee therein named, under the power conferred upon him by said deed of trust.
On September 12, 1890, one W. C. Browning was the owner of the property in question, and on that day he executed to J. M. McCall, trustee, a deed of trust with power of sale on said property to secure the payment of a note of $450, of the same date, executed by Browning to one C. W. Billeiter.
*194The property was sold by the trustee under the deed of'trust on the thirteenth day of October, 1892, after…
2Cases cited1 opinion
- Hardwicke v. HamiltonSupreme Court of Missouri · 1894
3Cited by6 opinions
- Charles Green Real Estate Co. v. St. Louis Mutual House Building Co. No. 3Supreme Court of Missouri · 1906
- Blades v. OssenfortMissouri Court of Appeals · 1972
- Dickey v. BarnesMissouri Court of Appeals · 1968
- White v. HuffmanSupreme Court of Missouri · 1957
- House v. ClarkeMissouri Court of Appeals · 1913
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