Meier v. Meier
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — How. James A. Seddow, Judge. (1) The trustee had no authority to sell under the deed of trust; only one of the secured notes was due, and the sale was premature. (2) The deed made by Thomas J. Meier and wife to Herman H. Meier as trustee for Alvina Meier, dated April 9, 1857, conveyed the equity of redemption of said land in trust for the separate use and benefit of Alvina Meier, and it is color of title.
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Appeal from St. Louis City Circuit Court. — How. James A. Seddow, Judge. (1) The trustee had no authority to sell under the deed of trust; only one of the secured notes was due, and the sale was premature. (2) The deed made by Thomas J. Meier and wife to Herman H. Meier as trustee for Alvina Meier, dated April 9, 1857, conveyed the equity of redemption of said land in trust for the separate use and benefit of Alvina Meier, and it is color of title. Railroad v. Ciarle, 68 Mo. 371; Hamilton v. Boggess, 63 Mo. 233. Herman II. Meier was a mere naked trustee, holding the legal title as a dry…
1Opinion of the CourtSherwood, P. J.
Adolphus Meier brought ejectment for the following described land situate in St. Louis county, to-wit: The east half of the northeast quarter, and the west half of the northeast quarter of section 14, township 45. The petition was filed July 26, 1886, and after the usual allegations as to plaintiff’s ownership, and being entitled to the possession of the land aforesaid, contains this allegation:
“That, nevertheless, defendants on or about the -day of March, 1885, unlawfully entered in and upon a part of the said lands and took possession thereof, to-wit: The dwelling-house thereon and…
2Cases cited8 opinions
- Anderson v. McPikeSupreme Court of Missouri · 1885
- Noell v. GainesSupreme Court of Missouri · 1878
- Hamilton v. LubukeeIllinois Supreme Court · 1869
- Potts v. ColemanSupreme Court of Alabama · 1880
- Brownlee v. ArnoldSupreme Court of Missouri · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Clark v. . HomesSupreme Court of North Carolina · 1925
- Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
- Stenger v. Great Southern Savings & Loan Ass'nMissouri Court of Appeals · 1984
- Winningham v. TruebloodSupreme Court of Missouri · 1899
- Russell v. WebbSupreme Court of Arkansas · 1910
23 more not listed; retrieve them via the Exa API.