German Bank v. Stumpf
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. The principle is undisputed and fundamental, that directions in powers of sale must be strictly, literally and precisely pursued, and admit of no equivalent or stibstitution, however unessential they might otherwise have been. 2 Am. Law Reg., (N. S.) pp. 713, 714. And if the power has not been executed according to essential conditions, the sale-and deed will be held void both at law and in .equity. Eitelgeorge v. Mut.
Read the full summary
Appeal from St. Louis Court of Appeals. The principle is undisputed and fundamental, that directions in powers of sale must be strictly, literally and precisely pursued, and admit of no equivalent or stibstitution, however unessential they might otherwise have been. 2 Am. Law Reg., (N. S.) pp. 713, 714. And if the power has not been executed according to essential conditions, the sale-and deed will be held void both at law and in .equity. Eitelgeorge v. Mut. H. B. Asso., 69 Mo. 55. Of all the requisites constituting a valid exercise of the ‘power of sale and of the conditions precedent to…
1Opinion of the CourtHough, J.
This was an action of ejectment. The plaintiff claimed title as purchaser at a sale made under a deed of trust executed by the defendant. There was no *314provision in the deed of trust making tbe recitals in the trustee’s deed evidence 'of the facts stated, except as to notice. The deed of the trustee to the plaintiff was read in evidence, and notwithstanding the recitals as to notice ■therein contained, the plaintiff also introduced the notice of sale and an affidavit of the publishers of the “ St. Louis Daily Jpurnal,” a newspaper printed in the city of St. Louis, that the notice was published…
2Cases cited4 opinions
- Johnson v. DorseyCourt of Appeals of Maryland · 1848
- Kelly v. HurtSupreme Court of Missouri · 1875
- Stine v. WilksonSupreme Court of Missouri · 1846
- Leffler v. ArmstrongSupreme Court of Iowa · 1857
3Cited by24 opinions
- State ex rel. Town of Canton v. AllenSupreme Court of Missouri · 1903
- Curtice v. SchmidtSupreme Court of Missouri · 1907
- Clapton v. TaylorMissouri Court of Appeals · 1892
- State ex rel. Coleman v. BlairSupreme Court of Missouri · 1912
- State ex rel. City of Chillicothe v. WilderSupreme Court of Missouri · 1906
19 more not listed; retrieve them via the Exa API.