Cloud v. Kansas Loan & Trust Co.
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. M. Gr. McGI-reg-or, Judge. (1) The holder of the note, under the terms of the contract, alone had the right to appoint a successor to the original trustee, and plaintiff by signing said contract estopped himself from denying that right.
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Appeal from the Jasper Circuit Court. — Hon. M. Gr. McGI-reg-or, Judge. (1) The holder of the note, under the terms of the contract, alone had the right to appoint a successor to the original trustee, and plaintiff by signing said contract estopped himself from denying that right. Filis v. Bailroad, 107 Mass. 12; Trust Co. v. Fisher, 106 111. 189; Loan é Trust Co. v. Hughes, 11 Hun (N. Y.); 1 Devlin on Deeds, sec. 387; Lewin on Trusts [5 Ed.] 459. (2) To be sure, he had been employed by them as attorney in cases which they had, but the mere fact that he had before been employed by them did…
1Opinion of the CourtGill, J.
— This is an injunction suit brought by plaintiff Cloud, whereby it is sought to enjoin the defendants, particularly defendant Flower, from selling certain real estate covered by a deed of trust executed by Cloud May 1, 1886. From the record before us it appears that Cloud borrowed of the defendant trust company the sum of $700, giving his note due in five years with interest coupons attached. To secure the loan, Cloud executed his deed of trust in the ordinary form, and' provided therein that if default was made on any interest obligation then the entire debt should become due at the option…
2Cases cited2 opinions
- Cassady v. WallaceSupreme Court of Missouri · 1890
- In re MayfieldMissouri Court of Appeals · 1885
3Cited by4 opinions
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- Hull v. PaceMissouri Court of Appeals · 1895
- Farm Mortgage Holding Co. v. HomanSupreme Court of Missouri · 1938
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