McNutt v. Mutual Benefit Life Insurance
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Wo». Jno. W. Henry, Judge. (1) When by a deed of trust the parties contract tbat in ease of tbe death or disqualification of tbe trustee, the then sheriff of the county (whoever he may he) shall thereupon become his successor to the title, he acts as an individual, and not officially, and therefore, neither he nor his sureties are liable on his official bond for his abuse of such trust.
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Appeal from Jackson Circuit Court. — Wo». Jno. W. Henry, Judge. (1) When by a deed of trust the parties contract tbat in ease of tbe death or disqualification of tbe trustee, the then sheriff of the county (whoever he may he) shall thereupon become his successor to the title, he acts as an individual, and not officially, and therefore, neither he nor his sureties are liable on his official bond for his abuse of such trust. Chase v. Davis, 88 Mo. 585; Harwood v. Tracy, 118 Mo. 631. The title which the then sheriff thus takes as an individual, and not officially, stays with him till it is…
1Opinion of the CourtBuegess, J.
The purpose of this action is to redeem from sale part of a city lot in Kansas City made under a deed of trust to secure the payment of a note for $1,200, payable July 1, 1890. The sale occurred on November 14, 1900, and the suit was brought to the next regular term of the circuit court thereafter of Jackson county.
Defendants demurred to the petition upon the ground that it does not state a cause of action. The demurrer was sustained, and plaintiffs declining to *98plead further, judgment was rendered for defendants dismissing the petition, and against plaintiffs for costs. Plaintiffs appeal.
The…
2Cases cited6 opinions
- Schanewerk v. HoberechtSupreme Court of Missouri · 1893
- Hume v. HopkinsSupreme Court of Missouri · 1897
- Equitable Trust Co. v. FisherIllinois Supreme Court · 1883
- Springfield Engine & Thresher Co. v. DonovanSupreme Court of Missouri · 1894
- State ex rel. Chase v. DavisSupreme Court of Missouri · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Betzler v. JamesSupreme Court of Missouri · 1910
- Feller v. LeeSupreme Court of Missouri · 1910
- Swabey v. BoyersSupreme Court of Missouri · 1918
- West v. SpencerSupreme Court of Missouri · 1911
- Miller v. New Madrid Banking Co.Supreme Court of Missouri · 1911