Chase v. Williams
Supreme Court of Missouri
Appeal from Randolph Circuit Court. — Hon. G-. H. Burcichartt, Judge. The mere fact that it was inconvenient for the trustee •to sell on the particular day or week requested, does not ;amount to a refusal to sell. He could have made the desired sale the next week or the next month. There must ■be an absolute refusal on the part of the trustee chosen :by 'both parties, before the contingency arises which authorizes the sheriff to execute the trust.
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Appeal from Randolph Circuit Court. — Hon. G-. H. Burcichartt, Judge. The mere fact that it was inconvenient for the trustee •to sell on the particular day or week requested, does not ;amount to a refusal to sell. He could have made the desired sale the next week or the next month. There must ■be an absolute refusal on the part of the trustee chosen :by 'both parties, before the contingency arises which authorizes the sheriff to execute the trust. There was only authority to sell enough land to pay debt, interest and costs.; and when the sheriff sold more, he acted without authority, and the…
1Opinion of the CourtNorton, J.
This is a suit instituted in the circuit court •of Randolph county for the purpose of setting aside a sale made under a deed of trust and redeeming the property. It is alleged in the petition that G. W. Morehead was, on the 6th day of April, 1870, the owner of certain real estate described in the petition, containing 290 acres; that on said day he sold and conveyed said real estate to “ the North Missouri Coal & Mining Company in fee for the consideration of $14,500, of which $1,000 was paid cash, and for the remainder it executed thirteen promissory notes for $1,000 each, payable…
2Cases cited2 opinions
- Austin v. LoringSupreme Court of Missouri · 1876
- Benkendorf v. VincenzSupreme Court of Missouri · 1873
3Cited by15 opinions
- Cape Girardeau & Thebes Bridge Terminal Railroad v. Southern Illinois & Missouri Bridge Co.Supreme Court of Missouri · 1908
- Milan Bank v. RichmondSupreme Court of Missouri · 1919
- RoBards v. LambSupreme Court of Missouri · 1882
- Clyburn v. McLaughlinSupreme Court of Missouri · 1891
- Kelsay v. Farmers & Traders BankSupreme Court of Missouri · 1901
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