Moore v. Stemmons
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) The right parties were sued. ,(a) Because the trustees under the deed had a fee simple title. “A trust with a power to sell confers a fee simple title.” 27 Am. and Eng. Ency. Law (1 Ed.), notes on pages 112,113, 114. Preacher's Aid Society v. England, 106 Ill. 125; Stockbridge v. Stock-bridge, 99 Mass. 244; United Brethren Church v. Eirst M. E. Church, 138 Ill. 608; Jackson v. Robin, 16 Johns.
Read the full summary
Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) The right parties were sued. ,(a) Because the trustees under the deed had a fee simple title. “A trust with a power to sell confers a fee simple title.” 27 Am. and Eng. Ency. Law (1 Ed.), notes on pages 112,113, 114. Preacher's Aid Society v. England, 106 Ill. 125; Stockbridge v. Stock-bridge, 99 Mass. 244; United Brethren Church v. Eirst M. E. Church, 138 Ill. 608; Jackson v. Robin, 16 Johns. (N. T.) 537; Siemers v. Schrader, 88 Mo. 20; Beck v. Haas, Ill Mo. 264; West v. Eitz, 109 Ill. 425. (b) Members of an unincorporated…
1Opinion of the CourtSmith, P. J.
This was an action on a promissory note in which the plaintiff was given a judgment to the effect that the “court finds that the allegations contained in said petition are true; that the defendants are indebted to the plaintiff in their representative capacity as trustees of the Methodist Episcopal Church (colored) of Carthage, Missouri, on the note sued on and executed to the plaintiff by their predecessors in said trust, in the sum of $166.52, debt and damages, and that the plaintiff is entitled to recover that amount from the defendants in their said representative capacity. It is…
2Cases cited4 opinions
- Bushong v. TaylorSupreme Court of Missouri · 1884
- T. A. Miller Lumber Co. v. OliverMissouri Court of Appeals · 1896
- Ryan v. BradburyMissouri Court of Appeals · 1901
- Catron v. Lafayette CountySupreme Court of Missouri · 1894
3Cited by1 opinion
- Kalihi Japanese Language School ex rel. Tanegawa v. MatthewmanHawaii Supreme Court · 1924