Stewart v. Brown
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. (1) The sale by the trustee was void. The power under which he acted required the sale to be made at the east door of the courthouse. It was not sold at that place nor at the east door of any building at which court was being held at the time.
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Appeal from Buchanan Circuit Court. (1) The sale by the trustee was void. The power under which he acted required the sale to be made at the east door of the courthouse. It was not sold at that place nor at the east door of any building at which court was being held at the time. “A power of sale, like all other powers, can be exercised only in the mode and upon the exact conditions, terms and occasions prescribed in the instrument of trust. 2 Perry on Trusts, sec. 783. The place provided for the sale in the deed of trust was one in which all the courts of the county were held. This was…
1Opinion of the CourtThomas, J.
Black, J., in division number 1, made the following statement which we adopt aa correct:
“This case is before us to review the action of the circuit court in sustaining a demurrer to the petition.
*174“On the twenty-eighth of May, 1883, Greorge B. Stewart conveyed four lots to a trustee to secure his note for $1,600 payable to John C. Brown in one year after the date thereof. Stewart died in April, 1885, and the trustee sold the property on the twenty-second ■ day of February, 1886, and Brown became the purchaser at the price of $1,985.
“This is a suit by the heirs of Stewart, some of whom are…
Also in this document: Concurrence · G-antt; Concurrence · Macparlane.
2Cases cited19 opinions
- Williams v. PounsTexas Supreme Court · 1877
- Kane v. McCownSupreme Court of Missouri · 1874
- Reed v. OwnbySupreme Court of Missouri · 1869
- Beatie v. ButlerSupreme Court of Missouri · 1855
- Russ v. GilbertSupreme Court of Florida · 1882
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3Cited by10 opinions
- Schanewerk v. HoberechtSupreme Court of Missouri · 1893
- Sparks v. Jasper CountySupreme Court of Missouri · 1908
- Cartwright v. Liberty Telephone Co.Supreme Court of Missouri · 1907
- Bullock v. Peoples Bank of HolcombSupreme Court of Missouri · 1943
- Field v. CollinsCourt of Appeals of Kentucky (pre-1976) · 1936
5 more not listed; retrieve them via the Exa API.