Riggs v. Owen
Supreme Court of Missouri
Error to DeKalb Circuit Court. — Hon. C. H. S. Goodman, Judge. (1) Under the evidence in the case there never has been a foreclosure of this deed of trust from Cummings and wife to Glazier as trustee for defendant Owen, in proof. The rule is well recognized in this state that sales made by trustees under the naked power contained in deeds of trust must be made in strict compliance with the terms and conditions contained in the deed of trust or they are void.
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Error to DeKalb Circuit Court. — Hon. C. H. S. Goodman, Judge. (1) Under the evidence in the case there never has been a foreclosure of this deed of trust from Cummings and wife to Glazier as trustee for defendant Owen, in proof. The rule is well recognized in this state that sales made by trustees under the naked power contained in deeds of trust must be made in strict compliance with the terms and conditions contained in the deed of trust or they are void. Wolf v. Ward, 104 Mo. 151; Daviess v. Hess, 103 Mo. 39; Brinkerhoff v. Vincenz, 52 Mo. 441; Ttaffill v. Shroeder, 62 Mo. 147. (2) The…
1Opinion of the CourtGantt, P. J.
This is a suit in equity to redeem a tract of land lying in DeKalb county from a certain deed of trust executed by one Cummings and wife to Henry E. Glazier, trustee, on the third day of October, 1883, to secure a promissory note made by said Cummings to defendant, of the same date, for $1,200, with compound interest at the rate of ten per cent, per annum, and due one year after date. A sale was made by the trustee under the deed of trust,- on the eleventh day of April, 1885, for the sum of $1,325, and it is the validity of that sale to foreclose the mortgagor’s equity *178of redemption, which,…
2Cases cited5 opinions
- State v. UlrichSupreme Court of Missouri · 1892
- State v. GambleSupreme Court of Missouri · 1891
- Stewart v. BrownSupreme Court of Missouri · 1892
- Hambright v. BrockmanSupreme Court of Missouri · 1875
- Napton v. HurtSupreme Court of Missouri · 1879
3Cited by8 opinions
- Williams v. WilliamsSouth Dakota Supreme Court · 1894
- State v. TuckerSupreme Court of Missouri · 1933
- Smith v. WhiteSupreme Court of Virginia · 1907
- State ex rel. American National Bank v. WilliamsMissouri Court of Appeals · 1909
- State ex rel. Vaught v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1917
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