Kelsay v. Farmers & Traders Bank
Supreme Court of Missouri
Appeal from Moniteau Circuit Court. — Son. D. W. Shackle-ford, Judge. (1) Tbe sheriff, under the terms of the deed of trust given by plaintiff and wife, had full authority to act in advertising and selling the land. The failure of the trustee to act, when requested, constituted a refusal to act. The request was peremptory; the beneficiary can not be defeated of its rights by a subterfuge and a quibble.
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Appeal from Moniteau Circuit Court. — Son. D. W. Shackle-ford, Judge. (1) Tbe sheriff, under the terms of the deed of trust given by plaintiff and wife, had full authority to act in advertising and selling the land. The failure of the trustee to act, when requested, constituted a refusal to act. The request was peremptory; the beneficiary can not be defeated of its rights by a subterfuge and a quibble. Chase v. Williams, 74 Mo. 429. James never intended to make the sale, as trustee, and was plainly in collusion with Kelsay in the settled purpose of the latter to repudiate his agreements and…
1Opinion of the CourtGantt, J.
The petition alleges and the evidence shows the following facts:
On the seventh of December, 1886, the plaintiff and his wife executed and delivered their certain deed of trust conveying the northwest quarter of the southwest quarter of section 2, and northeast quarter of southeast quarter of section 3, all in township 43, range 16 in Moniteau county, to Allen James, as trustee, to'secure the payment of a promissory note executed by plaintiff to Dr. J. M. Powers for $400 and bearing eight per cent interest from its date, December 6, 1886. On March 23, 1892, plaintiff and wife executed another…
2Cases cited6 opinions
- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
- Stewart v. SeveranceSupreme Court of Missouri · 1869
- Bank of Versailles v. GuthreySupreme Court of Missouri · 1895
- Maupin v. EmmonsSupreme Court of Missouri · 1871
- Chase v. WilliamsSupreme Court of Missouri · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Federal National Mortgage Ass'n v. HowlettSupreme Court of Missouri · 1975
- Bowman v. OakleyCourt of Appeals of Texas · 1919
- Adams v. BoydSupreme Court of Missouri · 1933
- Sparks v. PNC BankMissouri Court of Appeals · 2013
- Guels v. Mississippi Valley Trust Co.Supreme Court of Missouri · 1932
7 more not listed; retrieve them via the Exa API.