State ex rel. Williams v. Netherton
Missouri Court of Appeals
Appeal from Livingston Circuit Court, Hon. James M. Davis, Judge. Statement of case by the court. The record in this case is quite voluminous ; but the facts, essential to a proper understanding of the issues, are substantially as follows . On the third day of April, 1877, P. S. Winn and wife gave a deed of trust on a large amount of real and personal property to Solomon Wiles, as trustee, to secure certain creditors therein named.
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Appeal from Livingston Circuit Court, Hon. James M. Davis, Judge. Statement of case by the court. The record in this case is quite voluminous ; but the facts, essential to a proper understanding of the issues, are substantially as follows . On the third day of April, 1877, P. S. Winn and wife gave a deed of trust on a large amount of real and personal property to Solomon Wiles, as trustee, to secure certain creditors therein named. On the breach of the conditions of this deed, the said trustee sold the property, pursuant to the provision of the trust deed. Being in doubt as to whom, and in…
1Opinion of the CourtPhilips, P. J.
Should this judgment be affirmed, it occurs to me that the situation of the trustee, who stands as an indifferent party to the controversy among the creditors, would be one of singular embarrassment. He was no party to the imputed fraud.. Having sold the property conveyed to him, as a mere trustee, con-formably to the provisions of the deed, and being in doubt as to how and to whom he should pay and apportion the proceeds, he took the customary, and only safe, course, in such conjuncture, by filing his bill in equity, within the proper jurisdiction, bringing before the court all the parties'…
2Cases cited9 opinions
- Freeman v. HoweSupreme Court of the United States · 1861
- Pendleton v. PerkinsSupreme Court of Missouri · 1872
- Lackland v. GarescheSupreme Court of Missouri · 1874
- Richards v. GriggsSupreme Court of Missouri · 1852
- Atwood v. HaleMissouri Court of Appeals · 1885
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3Cited by4 opinions
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