Legal Opinion

University v. Finch

Supreme Court of the United States

Decided January 18, 1874PublishedCited by 9 opinions

Appeal from tbe Circuit Court for the District of Missouri; the case beiug thus': Daily and Chambers purchased of Elliott, in March, 1860, certain real estate in St. Louis, Missouri.

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Appeal from tbe Circuit Court for the District of Missouri; the case beiug thus': Daily and Chambers purchased of Elliott, in March, 1860, certain real estate in St. Louis, Missouri. For the principal part of the purchase-money they gave him their promissory notes, and to secure the payment of these notes they made a deed of trust to one Ranlett, conveying the property thus purchased, with authority to sell it, on giving notice in a newspaper of the sale, in satisfaction of these notes if they were not paid as they fell due. The notes were assigned by Elliott to the Washington University, and…

1Opinion of the CourtJustice Miller

The case before us was not one of a sale by judicial proceeding. No aid of a court was needed or called for. It was purely the case of the execution of a power by a person in whom a trust had been reposed in regard to real estate, the land, the trustee, and the cestui que trust all being, as they had always been, within a State whose citizens were loyally supporting the nation in its struggle with its enemies. The conveyance by the complainants to Ranlett vested in him' the legal title of the land, unless there was a statute of the State of Missouri providing otherwise, and if there was such…

2Cited by9 opinions

  1. Sulphur Mines Co. v. Thompson's HeirsSupreme Court of Virginia · 1896
  2. Haymond v. CamdenWest Virginia Supreme Court · 1883
  3. Compania Maritima v. United StatesUnited States Court of Claims · 1956
  4. Lawton v. ComerDistrict Court, S.D. Georgia · 1889
  5. McNair v. TolerSupreme Court of Minnesota · 1875

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