Hull v. Pace
Missouri Court of Appeals
Error to the Cole Circuit Court. — Hon. D. W. Shackle-ford, Judge. •(1) Although under the terms of the deed of trust, the trustee should have sold for cash, yet he could extend the credit, which he did extend to the purchaser at the first sale; and it was a valid sale, and the trustee then became possessed of the trust property in a form other than real estate. 2 Jones on Mortgages [4 Ed.],sec. 1871; 2 Pingry on Mortgages, secs. 1379 and 1380; Bailey v. Ins.
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Error to the Cole Circuit Court. — Hon. D. W. Shackle-ford, Judge. •(1) Although under the terms of the deed of trust, the trustee should have sold for cash, yet he could extend the credit, which he did extend to the purchaser at the first sale; and it was a valid sale, and the trustee then became possessed of the trust property in a form other than real estate. 2 Jones on Mortgages [4 Ed.],sec. 1871; 2 Pingry on Mortgages, secs. 1379 and 1380; Bailey v. Ins. Co., 10 Allen, (Mass.) 286; Strother v. Law, 54 111. 413; Chase v. Bank, 20 8. W. Rep. 1027. (2) If the first sale was a valid sale,…
1Opinion of the CourtEllison, J.
This is an action for an alleged balance of about $2,000, due on a note executed by defendant for the sum of $7,000. Plaintiff prevailed in the trial court.
The action grows out of the following facts: Defendant executed to one Timothy B. Sweet, as trustee, his deed, whereby he conveyed to said Sweet certain real estate in Bates county, Missouri, in trust to secure the payment of said note. The trust deed named Ueorge M. Noble to be successor to said Sweet, in the event Sweet became disqualified, or refused to act as trustee. The deed also provided that in case of the death, absence,…
2Cases cited8 opinions
- Sherwood v. SaxtonSupreme Court of Missouri · 1876
- Carter v. AbshireSupreme Court of Missouri · 1871
- Barbaroux v. WatersCourt of Appeals of Kentucky · 1860
- Chesley ex rel. Self v. ChesleySupreme Court of Missouri · 1872
- Murrell v. ScottTexas Supreme Court · 1879
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3Cited by5 opinions
- Richardson v. Moffitt-West Drug Co.Missouri Court of Appeals · 1902
- Petring v. KuhsSupreme Court of Missouri · 1943
- Sparks v. PNC BankMissouri Court of Appeals · 2013
- Butler Building & Investment Co. v. DunsworthSupreme Court of Missouri · 1898
- Williams v. MacKeyMissouri Court of Appeals · 1933