Faris v. Moore
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. — Hon. James D. Barnett, Judge. (1) The sale by the trustee under the deed of trust here presented was premature and therefore void, (a) The power given in a deed of trust is a creature of contract, and not of law, and it must be strictly followed to render its exercise legitimate.
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Appeal from St. Charles Circuit Court. — Hon. James D. Barnett, Judge. (1) The sale by the trustee under the deed of trust here presented was premature and therefore void, (a) The power given in a deed of trust is a creature of contract, and not of law, and it must be strictly followed to render its exercise legitimate. Stewart v. Brown, 112 Mo. 171; Schanewerk v. Hobericht, 117 Mo. 22. (b) The deed of trust in bar contains no provision authorizing a sale in default of one note or part of the debt secured. Reading the entire deed it is clear the parties only intended and authorized a sale…
1Opinion of the CourtBrown, J.
— Action in equity to redeem from sale under deed of trust, to set aside deeds and recover real estate, with the rents thereof. From a .judgment for defendants plaintiffs appeal.
This action was originally prosecuted by one William J. Faris, an alleged insane person, through his guardian, against defendants Moore, Ball and one Anton G. Orf. Since the trial below the plaintiff and Anton G. Orf, the principal defendant, have died, and *127the cause has been revived at the instance and in the name of heirs of the original appellant against the heirs and devisees of Anton G. Orf, the deceased…
2Cases cited12 opinions
- Rogers v. BrownSupreme Court of Missouri · 1875
- Stark v. ZehnderSupreme Court of Missouri · 1907
- Hunter v. HunterSupreme Court of Missouri · 1872
- Benton County v. MorganSupreme Court of Missouri · 1901
- DeHatre v. EdmondsSupreme Court of Missouri · 1906
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3Cited by9 opinions
- Laughlin v. ForgraveSupreme Court of Missouri · 1968
- Branner v. KlaberSupreme Court of Missouri · 1932
- Powell v. BowenSupreme Court of Missouri · 1919
- MacOn County v. Farmers Trust Co.Supreme Court of Missouri · 1930
- Federal Deposit Insurance v. Farmers Bank of NewtonMissouri Court of Appeals · 1944
4 more not listed; retrieve them via the Exa API.