Cassady v. Wallace
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. M. G-.. McGregor, Judge. (1) The finding and decree of the court below is contrary to and unsupported by the evidence and ought not to stand. (2) The court erred in overruling defendants’ demurrer to the evidence at the close of plaintiff’s testimony.
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Appeal from Jasper Circuit Court. — Hon. M. G-.. McGregor, Judge. (1) The finding and decree of the court below is contrary to and unsupported by the evidence and ought not to stand. (2) The court erred in overruling defendants’ demurrer to the evidence at the close of plaintiff’s testimony. (3) The power of sale was conditioned upon the failure to pay the debt secured by the deed of trust, and it was sufficient to authorize a sale that there was a failure to pay the debt secured at the time the same became due. Woods v. Augustine, 61 Mo. 46 ; Mimson o. Ensor, 94 Mo. 504. (4) Although the…
1Opinion of the CourtBlack, J.
— This is a suit to set aside a trustee’s sale of real estate and to redeem.
W. Gr. Fasken being the owner of eighty acres of land near Carthage, in Jasper county, executed to Brinkerhoff a deed of trust thereon, dated the first of November, 1884, to secure a note payable to Weeks for $1,200, due in five years with interest at eight per centum per annum payable annually. Weeks was simply the clerk of Brinkerhoff, and the latter was the real owner of the note as well as trustee. Brinkerhoff assigned the note to Sherwood shortly after its date, but he continued to hold the note as the agent of…
2Cases cited3 opinions
- Bales v. PerrySupreme Court of Missouri · 1873
- Stoffel v. SchroederSupreme Court of Missouri · 1876
- Chesley ex rel. Self v. ChesleySupreme Court of Missouri · 1872
3Cited by12 opinions
- Spruill v. BallardCourt of Appeals for the D.C. Circuit · 1932
- Copsey v. Sacramento BankCalifornia Supreme Court · 1901
- Harlin v. NationSupreme Court of Missouri · 1894
- Norwood v. Lassiter.Supreme Court of North Carolina · 1903
- Sheridan v. NationSupreme Court of Missouri · 1900
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