Spurlock v. Sproule
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. Gr. W. Miller, Judge. 1. Plaintiff is estopped by his conduct and presence at the sale.' He directed how the sale should be made, procured an auctioneer to cry it and after it was done received payment for the auctioneer’s services from the agent of the holder of the note aud paid it to the auctioneer. Here was a clear consent on the part of the plaintiff that some one else should execute the trust than the trustee named.
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Appeal from Cole Circuit Court. — Hon. Gr. W. Miller, Judge. 1. Plaintiff is estopped by his conduct and presence at the sale.' He directed how the sale should be made, procured an auctioneer to cry it and after it was done received payment for the auctioneer’s services from the agent of the holder of the note aud paid it to the auctioneer. Here was a clear consent on the part of the plaintiff that some one else should execute the trust than the trustee named. Tatum v. Holliday, 59 Mo. 426: Hereford v. National Bank, 53 Mo. 330 ; Austin v. Boring, 63 Mo. 22 ; Evans v. Snyder, 64 Mo. 516 ;…
1Opinion of the CourtNorton, J.
This suit was instituted by William S. Gibbs in the Morgan county circuit court. In the petition plaintiff claims that he, as one of the grantors in a certain deed of trust, had the right to redeem certain real estate therein conveyed. This claim is based on the following state of facts: The said Gibbs and one Samuel Wilson were engaged in the mercantile business in Versailles, Morgan county, and being indebted to the defendants, who compose the firm of Samuel C. Davis & Co., in the sum of $3,200, for the purpose of securing the same, on the 14th day of February, 1869, executed a deed of…
2Cases cited7 opinions
- Bales v. PerrySupreme Court of Missouri · 1873
- Kelly v. HurtSupreme Court of Missouri · 1875
- Graham v. KingSupreme Court of Missouri · 1872
- Gosline v. ThompsonSupreme Court of Missouri · 1875
- Davis v. FoxSupreme Court of Missouri · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Noble v. BlountSupreme Court of Missouri · 1883
- Acton v. DooleySupreme Court of Missouri · 1881
- South Missouri Lumber Co. v. WrightSupreme Court of Missouri · 1893
- Conrad v. FisherMissouri Court of Appeals · 1889
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
28 more not listed; retrieve them via the Exa API.