Legal Opinion

Cupples v. Galligan

Missouri Court of Appeals

Decided May 21, 1878PublishedCited by 1 opinion

Appeal from St. Louis Circuit Court. A trustee’s sale under a deed of trust passes no title when payment of all sums due under the deed of trust, and interest and costs, are tendered at and prior to the sale. — Jaclcson v. Grafts, 18 Johns. 110 ; Campbell v. Macomb, 4 Johns. Ch. *534 ; Burnett v. JDenniston, 5 Johns.

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Appeal from St. Louis Circuit Court. A trustee’s sale under a deed of trust passes no title when payment of all sums due under the deed of trust, and interest and costs, are tendered at and prior to the sale. — Jaclcson v. Grafts, 18 Johns. 110 ; Campbell v. Macomb, 4 Johns. Ch. *534 ; Burnett v. JDenniston, 5 Johns. Ch. *35 ; Bdwards v. Insurance Go., 21 Wend. 367 : Kortright v. Gady, 21 N. Y. 343; Arnot v. Post, 6 Hill, 65. A trustee acquires power to sell only upon the happening of a certain event, and a compliance by him with all the conditions imposed in the deed ; and a sale before this…

1Opinion of the CourtBakewell, J.

This is an action of ejectment. The answer is a general denial; and also sets up, as a matter of special defence, that the plaintiff derives title only through foreclosure of a certain deed of trust, and the deed of the trustee made in consequence of such foreclosure, and that in a suit between the parties to this action the foreclosure was set aside and the deed of trust declared null. The answer further alleges that the foreclosure sale was in fact null because all money due was tendered before foreclosure, and the power of the trustee to sell thus taken away.

On the trial, the plaintiff, in…

2Cases cited1 opinion

  1. Whelan v. ReillySupreme Court of Missouri · 1876

3Cited by1 opinion

  1. City of Linneus v. LockeMissouri Court of Appeals · 1887

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