McNew v. Booth
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. I. It is clearly shown that the property was sold by the trustee with the distinct understanding that it might be redeemed; and, such being the agreement, the title was held in trust by defendant.
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Appeal from Buchanan Circuit Court. I. It is clearly shown that the property was sold by the trustee with the distinct understanding that it might be redeemed; and, such being the agreement, the title was held in trust by defendant. (Brown on Fr., § 34, and cases referred to; 1 Watts, 214; 12 Mo. 30.) H. A ‘ ‘ reasonable time, ” as mentioned in this agreement, and its determination, might depend upon the circumstances of the parties; but a trust created by parol cannot be revoked, altered, or extinguished. (Hill on Trust. 60.) HI. The property being held in trust by the defendant, such trust…
1Opinion of the CourtWagner, Judge
This was a suit in the nature of a bill in equity, brought by the plaintiff against the defendant, to set aside a conveyance made at trustee’s sále, upon the payment .of a certain amount of money which the plaintiff owed to the defendant, and which the property was conveyed to satisfy. It appears from the record that in 1858 the defendant loaned to the plaintiff the sum of four hundred and eighty dollars, which was secured by a deed of trust on a lot situated in Smith’s addition to the city of St. Joseph. The loan was made on a credit of twelve months, and the plaintiff, being in embarrassed…
2Cases cited3 opinions
- Brown v. LynchNew York Court of Chancery · 1828
- Rose v. BatesSupreme Court of Missouri · 1848
- Slowey v. McMurraySupreme Court of Missouri · 1858
3Cited by16 opinions
- Grumley v. WebbSupreme Court of Missouri · 1869
- Stewart v. SeveranceSupreme Court of Missouri · 1869
- Phillips v. HardenburgSupreme Court of Missouri · 1904
- McNinch v. . Trust Co.Supreme Court of North Carolina · 1922
- Thierry v. ThierrySupreme Court of Missouri · 1923
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