Condict v. Flower
Missouri Court of Appeals
Appeal from the Barton Circuit Court. — Hon. D. P.‘ Stratton, Judge. ■(1) The first question in this case is, whether a 'trustee under the deeds of trust used in this state can ■employ an attorney to draw up the notice' of sale provided therein, and if he does so employ an attorney, whether he is entitled to be reimbursed out of the proceeds received at the Sale for the amount he paid said attorney for drawing up said notice.
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Appeal from the Barton Circuit Court. — Hon. D. P.‘ Stratton, Judge. ■(1) The first question in this case is, whether a 'trustee under the deeds of trust used in this state can ■employ an attorney to draw up the notice' of sale provided therein, and if he does so employ an attorney, whether he is entitled to be reimbursed out of the proceeds received at the Sale for the amount he paid said attorney for drawing up said notice. On this point I think there can be no question but, if the charge is reasonable, that he is entitled to be reimbursed out of the proceeds of the sale for the amount so…
1Opinion of the CourtGill, J.
Defendant was trustee in an ordinary deed ■ of trust on real estate, given to secure the payment ■ of money. Default having been made in the pay- . ment of the debt, the trustee advertised and sold ithe land pursuant to the terms of the deed of trust;. 'Plaintiff had become the assignee of the grantor in the •deed of trust, and as such was entitled to receive the surplus left out of the proceeds of the sale, after the payment of the charges and expenses made or sustained *517•on account of the trust, and the payment of the debt and interest. At the trustee’s sale the land brought $1,138. Out of…
2Cases cited3 opinions
- Gamble v. GibsonSupreme Court of Missouri · 1875
- Morgan v. . HannasNew York Court of Appeals · 1872
- Shirley v. ShattuckMississippi Supreme Court · 1854
3Cited by4 opinions
- Lolordo v. LacySupreme Court of Missouri · 1935
- Cornet v. CornetSupreme Court of Missouri · 1916
- In Re Verne LacyMissouri Court of Appeals · 1937
- Ozark Production Credit Ass'n v. WaldenMissouri Court of Appeals · 1985