DeJarnette v. DeGiverville
Supreme Court of Missouri
Appeal from, Si. Louis Circuit Court. relied upon Washington University vs. Finch, Cent. Law Journ., No. 6,1874. I. The last of the notes fell due while the war was raging and could not have been paid; and under that state of facts, the law would not allow it to be paid or the holders to receive payment. There was, therefore, no default on the part of the plaintiffs.
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Appeal from, Si. Louis Circuit Court. relied upon Washington University vs. Finch, Cent. Law Journ., No. 6,1874. I. The last of the notes fell due while the war was raging and could not have been paid; and under that state of facts, the law would not allow it to be paid or the holders to receive payment. There was, therefore, no default on the part of the plaintiffs. It follows, that there was not the presence of the condition upon which the trustee had assumed the obligation to sell the land, and of course he could make no valid sale. The making of the sale was a violation of his duty. Such…
1Opinion of the CourtWagner, Judge
In this case, the petition sets out a purchase by the plaintiffs from the defendants, in the year 1857, of certain real estate in the city of St. Louis, and the giving of notes for the consideration, secured by deed of trust, payable in one, two, three and four years, the last becoming payable on the 30th of April, 1861; a failure to pay the last noté, and a sale by the trustee in consequence on the 9th of June, 1861, after publication of notice as required by the deed of trust. It was alleged, that all the notes were paid except that which matured on the 30th of April, 1861, and that the…
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