Thornburg v. Jones
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. The petition stated that on the 26th day of April, 1859, Hickman and Moore were seized in fee of certáin tracts of land situate in the county of Franklin, &c.; and being so seized, Hickman and Moore, by deed of trust, conveyed the said real estate to Ming, as trustee, to secure the payment of four notes, executed by Hickman and Moore, dated April 15, 1859, each for the sum of fifteen hundred dollars, and payable to the order of one…
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Error to St. Louis Court of Common Pleas. The petition stated that on the 26th day of April, 1859, Hickman and Moore were seized in fee of certáin tracts of land situate in the county of Franklin, &c.; and being so seized, Hickman and Moore, by deed of trust, conveyed the said real estate to Ming, as trustee, to secure the payment of four notes, executed by Hickman and Moore, dated April 15, 1859, each for the sum of fifteen hundred dollars, and payable to the order of one James W. Wilson, at the Bank of the State of Missouri, in St. Louis ; one of said notes being due twelve months after…
1Opinion of the CourtHolmes, Judge
The petition appears to be an action at law to recover damages. It is not framed as a bill for equitable relief, and contains no prayer for relief in equity. Most of the cases cited in support of it are cases .in equity, and have no proper application to the points, .raised here on demurrer. The petition shows no cause of action at law. /According to the allegations made in it, the sale by the trustee, was not made in conformity with the power to sell which was given in the deed of trust, and was utterly void. ) (Stine v. Wilkson, 10 Mo. 75.) The deed of trust being duly recorded was notice…
2Cases cited2 opinions
- Stine v. WilksonSupreme Court of Missouri · 1846
- Dozier v. JermanSupreme Court of Missouri · 1860
3Cited by6 opinions
- Moore v. DickMassachusetts Supreme Judicial Court · 1905
- Schanewerk v. HoberechtSupreme Court of Missouri · 1893
- Jones v. MooreSupreme Court of Missouri · 1868
- Powers v. KueckhoffSupreme Court of Missouri · 1867
- Springfield Engine & Thresher Co. v. DonovanSupreme Court of Missouri · 1894
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