Commerce Trust Co. v. Ellis
Supreme Court of Missouri
Appeal from Benton Circuit Court. — Hon. C. A. Calvird, Judge. (1) A. C. Mitchell, trustee named in the deed of trust in question, being a non-resident of the State at the time he was named as trustee, and continuing to be such up to and including the time of advertisement and sale, was incompetent to become such trustee by virtue of the provisions of See. 2859, R. S. 1909, and there having been no trustee in the first instance, the contingency upon which the sheriff could…
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Appeal from Benton Circuit Court. — Hon. C. A. Calvird, Judge. (1) A. C. Mitchell, trustee named in the deed of trust in question, being a non-resident of the State at the time he was named as trustee, and continuing to be such up to and including the time of advertisement and sale, was incompetent to become such trustee by virtue of the provisions of See. 2859, R. S. 1909, and there having been no trustee in the first instance, the contingency upon which the sheriff could become substituted trustee, provided in the deed of trust, never could or did arise. Kelsy v. Bank, 166 Mo. 171; Pallinam…
1Opinion of the Court
OPINION.
I
BOND, J.
(After stating the facts as above.)— It is suggested in the brief for appellant that the notice of sale given by the sheriff did not correctly describe eighty acres of the land conveyed in the trust deed. This would seem to appear from an examination of the transcript of the bill of exceptions, but the respondent *706has produced in this court the agreed statement of facts in its original form which contains a printed slip of the publication made by the sheriff and that shows on its face that there was no error in the description referring to the eighty acres of land in question,…
2Cases cited8 opinions
- State v. Parker Distilling Co.Supreme Court of Missouri · 1911
- State v. CantwellSupreme Court of Missouri · 1904
- In re MulfordIllinois Supreme Court · 1905
- Powers v. KueckhoffSupreme Court of Missouri · 1867
- Roby v. SmithIndiana Supreme Court · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Graham v. OliverMissouri Court of Appeals · 1983
- Logan v. ShortDistrict Court, E.D. Missouri · 1972
- Moon v. GMAC Mortgage Corp. (In Re Burche)United States Bankruptcy Court, W.D. Missouri · 2000
- State Savings Loan & Trust Co. v. SwimmerMissouri Court of Appeals · 1921