State ex rel. Chase v. Davis
Supreme Court of Missouri
Appeal from Moberly Court of Common Pleas. — IIon. G-. H. Bubckhaktt, Judge. (1) If the cestui que trust had filed an ex parte petition in the circuit court of Randolph county to have.had Sheriff Williams appointed to execute the trust described in the petition, an l said court had appointed him, there is no doubt about the liability of the sureties on his official bond, if he had failed to pay over the money received from a'sale under a deed of trust.
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Appeal from Moberly Court of Common Pleas. — IIon. G-. H. Bubckhaktt, Judge. (1) If the cestui que trust had filed an ex parte petition in the circuit court of Randolph county to have.had Sheriff Williams appointed to execute the trust described in the petition, an l said court had appointed him, there is no doubt about the liability of the sureties on his official bond, if he had failed to pay over the money received from a'sale under a deed of trust. Tatum v. Holliday, 59 Mo. 423 ; State ex rel. v. Griffith, 63 Id. 545 ; State to use, etc., v. Taylor, 6 Mo. App. 277; R. S., sec. 3929, et…
1Opinion of the CourtSherwood, J.
This is a suit against the sureties of a sheriff on his official bond. The alleged delinquency for which they are sought to be made liable consists in the facts that certain parties, by a certain deed of trust, agreed and provided that in the event that Shackelford, the trustee, refused to act, that the then sheriff of Randolph county should execute the trust; that Shackelford refused to act, and the principal in the bond, Williams, *588the then sheriff, as substituted trustee, sold the land under the deed of trust, and failed'to pay over a portion of the proceeds.
The question propounded by the…
2Cases cited1 opinion
- State ex rel. Wolff v. BerningSupreme Court of Missouri · 1881
3Cited by8 opinions
- Dietrich v. MurdockSupreme Court of Missouri · 1868
- State ex rel. Heitkamp v. RylandSupreme Court of Missouri · 1901
- McNutt v. Mutual Benefit Life InsuranceSupreme Court of Missouri · 1904
- Anderson v. RobertsSupreme Court of Missouri · 1898
- Gray v. NoonanArizona Supreme Court · 1897
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