Bales v. Perry
Supreme Court of Missouri
Error to Kansas City Court of Common Pleas (1.) As to exercise of discretion by trustee ; MeKnight vs. "Wnner, 38 Mo., 132; Singleton vs. Scott, 11 Iowa, 589 ; Pearron vs. Jamison, 1 McLean, 197; Platt vs. McCullough, Id., . 69, and cases there cited.
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Error to Kansas City Court of Common Pleas (1.) As to exercise of discretion by trustee ; MeKnight vs. "Wnner, 38 Mo., 132; Singleton vs. Scott, 11 Iowa, 589 ; Pearron vs. Jamison, 1 McLean, 197; Platt vs. McCullough, Id., . 69, and cases there cited. (2.) As to estoppel, Lamb vs. Goodwin, 10 Ired, 320; Chown ing vs. O ox, 1 Rand., 306; 3 Leigb, 654; Wilburn vs. Spot ford, 4 Sneed, 704; Kellogg vs. Carrico, 47 .Mo., 157; Jones vs. Moore, 42 Mo., 413 ; Medsker vs. Swaney, 45 Mo., 273. The only point we deem it necessary to call the attention of the Court to, is the fact that the evidence shows…
1Opinion of the CourtEwing, Judge
William Bales filed his bill in the Circuit Court of Jackson County, to redeem certain real estate which had been sold under a power of sale in a mortgage deed executed by him to B. W. Perry, one of the defendants, in 1862, to secure a debt of thirteen hundred and eighty-two dollars.
The mortgage contains a clause to the effect that the said Perry, party of the second part, or the Marshall of Kaw township, may sell the property at public vendue* for cash at the Court House in Kansas City, first giving twenty days notice of time, terms and place of sale in some newspaper published in that city.…
2Cases cited2 opinions
- Graham v. KingSupreme Court of Missouri · 1872
- Medsker v. SwaneySupreme Court of Missouri · 1870
3Cited by47 opinions
- Acton v. DooleySupreme Court of Missouri · 1881
- Spurlock v. SprouleSupreme Court of Missouri · 1880
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
- Grafeman Dairy Co. v. Northwestern BankSupreme Court of Missouri · 1921
- Pickett v. Merchants' National BankSupreme Court of Arkansas · 1877
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