In re Mayfield
Missouri Court of Appeals
Appeal from the St. Lonis .Circuit Court, Horner, J. A trustee, though subject to removal for cause, is so subject only by bill in equity. Perry on Trusts, sects. 281-2; Bowditch v. Banuelos, 1 Gray (Mass.) 228.
1Opinion of the CourtThompson, J.
This is an appeal from an order removing a trustee. The respondent has filed no brief, but the case is not for this reason to be decided in favor of the appellants, unless, in view of the arguments submitted by them, and the facts disclosed by the record, the circuit court is put in the wrong.
It appears that, in 1876, Mayfield and wife made a certain deed of trust of land to Foley, trustee, to secure a a certain indebtedness of Mayfield, evidenced by certain negotiable promissory notes; that Foley subsequently died and the indebtedness maturing, the holder of the notes, Joseph T. Donovan,…
2Cases cited20 opinions
- Bales v. PerrySupreme Court of Missouri · 1873
- Sherwood v. SaxtonSupreme Court of Missouri · 1876
- Stoffel v. SchroederSupreme Court of Missouri · 1876
- Long v. LongSupreme Court of Missouri · 1883
- Woods v. HilderbrandSupreme Court of Missouri · 1870
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3Cited by4 opinions
- Thornton v. GoodmanCourt of Appeals of Texas · 1916
- Cloud v. Kansas Loan & Trust Co.Missouri Court of Appeals · 1893
- Farm Mortgage Holding Co. v. HomanSupreme Court of Missouri · 1938
- Thornton v. GoodmanCourt of Appeals of Texas · 1916