Price v. Estill
Supreme Court of Missouri
Appeal from Pettis Circuit Court.— Hon. John P» Strother, Judge. (1) Chilton made the loan understanding it to be to Courtney individually and not to or for the trust estate]. He did not even loan the money for the purpose of paying off,Moore’s lien, although Houston, his agent, claims that he knew that Courtney intended to use it for that purpose. Still, if Chilton had made the loan for that express purpose, he would not be entitled to the relief given by the court below.
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Appeal from Pettis Circuit Court.— Hon. John P» Strother, Judge. (1) Chilton made the loan understanding it to be to Courtney individually and not to or for the trust estate]. He did not even loan the money for the purpose of paying off,Moore’s lien, although Houston, his agent, claims that he knew that Courtney intended to use it for that purpose. Still, if Chilton had made the loan for that express purpose, he would not be entitled to the relief given by the court below. One loaning' money to pay off a vendor’s lien, and which is used for that purpose, is not entitled to be subrogated to…
1Opinion of the Court
Norton, J.-
Hugh M. Price died in Pettis county in the year 1873, leaving a will by which he devised all of his estate real and personal to Peter Courtney in trust for the testator’s children. Said Courtney was also by said will named as executor, and was also empowered to act as guardian and curator for the minor children of said Price. While the will invested the said Courtney with very large powers- in reference to loaning and investing the money of the estate and selling and conveying the real estate of the testator, the power to encumber the estate by mortgage was not given. It' appears…
2Cases cited1 opinion
- Wooldridge v. ScottSupreme Court of Missouri · 1879
3Cited by11 opinions
- Norton v. HighleymanSupreme Court of Missouri · 1886
- Williamson v. BrownSupreme Court of Missouri · 1906
- State Ex Rel. State Highway Commission v. SchwabeSupreme Court of Missouri · 1960
- Corrigan v. TiernaySupreme Court of Missouri · 1889
- Alexander v. ShapardTennessee Supreme Court · 1921
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