McClung v. Missouri Trust Co.
Supreme Court of Missouri
Error to Johnson Circuit Court. — Hon. Chaeles W. Sloan, Judge. (1) It was the duty of the trustee to accept the receipt of the plaintiff for the’ surplus over and above the debt, interest and costs of sale.
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Error to Johnson Circuit Court. — Hon. Chaeles W. Sloan, Judge. (1) It was the duty of the trustee to accept the receipt of the plaintiff for the’ surplus over and above the debt, interest and costs of sale. Boots v. Bistine, 44 N. E. Rep. 15. (2) After having made a valid sale and having the debt, interest and costs of sale, and a receipt for the surplus, tendered him, the trustee had exhausted his power and should have been restrained from making another sale and thus sacrificing the plaintiff’s property. The sale should have been restrained and the sheriff should have been directed by the…
1Opinion of the CourtBurgess, J.
This is a proceeding in equity for. the purpose of having declared null and void a certain deed of trust; the lien upon certain real estate therein described set aside and canceled of record; and to enjoin defendants and all persons acting under them from proceeding to sell said land or to take possession thereof under said deed. A temporary injunction was granted plaintiff in accordance with the prayer of her petition.
Defendants answered, and thereafter filed their motion to dissolve the injunction, and upon a hearing of this motion the court made a finding of facts, dissolved the injunction…
2Cases cited18 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Erskine v. TownsendMassachusetts Supreme Judicial Court · 1807
- Caruthers v. HumphreyMichigan Supreme Court · 1864
- Milwaukie & Minnesota Railroad v. SoutterSupreme Court of the United States · 1865
- Moynahan v. MooreMichigan Supreme Court · 1860
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Groh v. SheltonMissouri Court of Appeals · 1968
- Anderson v. CurlsMissouri Court of Appeals · 1958
- Tipton v. HoltMissouri Court of Appeals · 1981
- Wharton v. Farmers & Merchants Bank of Green RidgeCourt of Appeals for the Eighth Circuit · 1941
- Love v. HarrisSupreme Court of North Carolina · 1911
3 more not listed; retrieve them via the Exa API.