Swabey v. Boyers
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Thomas G. Hennings, Judge. In view of the fact that the deed of trust from Boyers to Kotthoff, trustee, expressly conveyed the property to “the said party of the second part, and to his successor as hereinafter designated and to the assigns of him and of his successor, forever” and further provided that “in case of his [Kotthoff’s] absence, death, refusal to act or disability in any wise the then acting sheriff of the city of…
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Appeal from St. Louis City Circuit Court. — Hon. Thomas G. Hennings, Judge. In view of the fact that the deed of trust from Boyers to Kotthoff, trustee, expressly conveyed the property to “the said party of the second part, and to his successor as hereinafter designated and to the assigns of him and of his successor, forever” and further provided that “in case of his [Kotthoff’s] absence, death, refusal to act or disability in any wise the then acting sheriff of the city of St. Louis, Missouri” should execute the trust therein and thereby created, the sale by Wanstrath was made in violation…
1Opinion of the Court
WHITE, C.
The plaintiff recovered in ejectment the judgment from which the defendant appeals. -The plaintiff claims title to the land in controversy under a trustee’s deed made in foreclosure of a deed of trust executed by the defendant February 23:, 1897, of which land the defendant at that date was owner in fee. The foreclosure took place in May, 1914. The deed of trust executed by the defendant conveyed the property to Henry Kotthoff, party of the second part, in trust to secure a debt due William C. Eichlers. The plaintiff herein became the holder of the note secured and was such at the…
2Cases cited12 opinions
- Northern Pacific Railway Co. v. WallSupreme Court of the United States · 1916
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
- Christian v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1898
- Beatie v. ButlerSupreme Court of Missouri · 1855
- Betzler v. JamesSupreme Court of Missouri · 1910
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3Cited by7 opinions
- Bowers v. Kansas City Public Service Co.Supreme Court of Missouri · 1931
- Emerson v. TreadwayMissouri Court of Appeals · 1954
- Sharp v. Interstate Motor Freight SystemSupreme Court of Missouri · 1969
- Lunsford v. DavisSupreme Court of Missouri · 1923
- Heiden v. General Motors Corp.Missouri Court of Appeals · 1978
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