Sherwood v. Saxton
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. Defendant is not here sued as a trustee, but for injuries sustained by reason of bis tortious agreement to release the bidders at the first sale.
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Appeal from Buchanan Circuit Court. Defendant is not here sued as a trustee, but for injuries sustained by reason of bis tortious agreement to release the bidders at the first sale. He bad authority to make that sale, but in the sale of the land, bis powers were ended, bis trust was closed, be bad no power to discharge the bidders, bis power to adjourn the sale (see Judge vs. Booge, 47 Mo. 550; Richard vs. Holmes, 18 How. 147 ; G-ardner vs. Armstrong, 31 Mo. 535 ; Dover vs. Kennerly, 38 Mo. 469; Bernard vs. Duncan, 38 Mo. 170,) gave him no such right. And when by the second sale eight hundred…
1Opinion of the CourtWagner, Judge
This case comes before us for review upon a judgment on demurrer rendered in favor of the defendant. It will be necessary therefore,to determine whether the petition stated a cause of action. The petition in substance stated that Sherwood, the plaintiff, on the 18th day of December, 1871, borrowed twelve hundred dollars of one Ashton, for which he gave his note, due one year after date ; and to secure its payment, he executed a deed of trust on certain real estate therein described, in which deed Saxton, the defendant, was trustee; that Saxton accepted the trust, and default being made in the…
2Cases cited6 opinions
- Goode v. ComfortSupreme Court of Missouri · 1866
- Gardner v. ArmstrongSupreme Court of Missouri · 1862
- Carter v. AbshireSupreme Court of Missouri · 1871
- Chesley ex rel. Self v. ChesleySupreme Court of Missouri · 1872
- Quackenbush v. LeonardNew York Court of Chancery · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Rogers v. BarnesMassachusetts Supreme Judicial Court · 1897
- Harper v. Interstate Brewery Co.Oregon Supreme Court · 1941
- Regan v. WilliamsSupreme Court of Missouri · 1905
- Peterson v. Kansas City Life InsuranceSupreme Court of Missouri · 1936
- International Plastics Development, Inc. v. Monsanto Co.Supreme Court of Missouri · 1968
38 more not listed; retrieve them via the Exa API.