Howell v. Bell
Supreme Court of Missouri
Error to St. Charles Circuit Court. Francis Howell instituted suit by attachment against Andrew J. Cosbow and William Coshow, and levied the attachment upon certain slaves. James Bell, Abraham S. Matson and George Murdock interpleaded, ■ claiming said slaves by virtue of a certain deed of conveyance executed by William Cosliow and wife before the date of the attachment.
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Error to St. Charles Circuit Court. Francis Howell instituted suit by attachment against Andrew J. Cosbow and William Coshow, and levied the attachment upon certain slaves. James Bell, Abraham S. Matson and George Murdock interpleaded, ■ claiming said slaves by virtue of a certain deed of conveyance executed by William Cosliow and wife before the date of the attachment. At the trial of the issue raised upon the interplea, the plaintiffs in the interplea offered in evidence said deed of conveyance. This deed, so far as it is necessary to set it forth, is as follows : “ This deed, made and…
1Opinion of the Court
Napton,-Judge,
delivered the opinion of the court.
The only question in this case is whether a deed of trust conveying certain lands and slaves to a trustee to secure the payment of a debt due the cestui que trust, with a power in the trustee to sell upon the maturity of the debt, is void upon its face by reason of a. stipulation _in it that the grantor should retain possession of the property conveyed until the expiration of the credit agreed on; and our opinion is, that such a reservation does not vitiate the deed.
The cases decided by this court upon the construction of the first section of…
2Cited by1 opinion
- Miller v. WhitsonSupreme Court of Missouri · 1867