State ex rel. Powell v. Taylor
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. The sheriff, in executing the powers granted by a deed made by way of mortgage, does not act in his official capacity. — 'Tatum v. Holliday, 59 Mo. 422; The State ex rel. v. Griffith, 63 Mo. 545 ; Rich v. Key ser, 54 Pa. St. 86 ; Theriat v. Hart, 2 Hill, 380. — The sheriff, ex officio, is not legally bound to accept the position of trustee, and the faithful execution of the order of appointment is no part of his official duty. — Wag.
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Appeal from St. Louis Circuit Court. The sheriff, in executing the powers granted by a deed made by way of mortgage, does not act in his official capacity. — 'Tatum v. Holliday, 59 Mo. 422; The State ex rel. v. Griffith, 63 Mo. 545 ; Rich v. Key ser, 54 Pa. St. 86 ; Theriat v. Hart, 2 Hill, 380. — The sheriff, ex officio, is not legally bound to accept the position of trustee, and the faithful execution of the order of appointment is no part of his official duty. — Wag. Stats., p. 1277, sects. 11-13; p. 1347, sect. 2. The bond of the sheriff is conditioned on the faithful discharge of the…
1Opinion of the CourtBake well, J.
This is an action against the sheriff, and the sureties' on *279his official bond. The breach assigned is, that on June 30, 1873, after the execution of the bond, Taylor had and received and held, in his capacity as sheriff, $2,872.20, money of Robert W. Powell, proceeds of sale of a lot of land described, which was sold by Taylor by virtue of his ■office, and appointment by the Circuit Court; that he had the money at the date last named, and, on November 20, 1874, and at other times, refused to pay on demand, and •converted the money to his own use. The answer denies any breach of the bond, and…
2Cases cited6 opinions
- Farrar and Brown v. United StatesSupreme Court of the United States · 1831
- State ex rel. Reid v. GriffithSupreme Court of Missouri · 1876
- Tatum v. HollidaySupreme Court of Missouri · 1875
- Nolley v. Callaway County CourtSupreme Court of Missouri · 1848
- State ex rel. Smith v. Paul'sSupreme Court of Missouri · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Anderson v. RobertsSupreme Court of Missouri · 1898
- Schaeffer v. BerneroMissouri Court of Appeals · 1882
- State ex rel. Eagle v. LidwellMissouri Court of Appeals · 1882