Baker & Taylor Co. v. Schneider
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — lion. A. M. Woodson, Judge. (1) We think this combination of circumstances clearly establishes that the trustee went beyond the authority conferred by the deed of trust, and in conjunction with said Campbell operated s.aid store in disregard of the power of sale contained in the trust deeds, establishing in law a secret trust, no matter how pure were the intentions of the parties. Hepburn v. Mueller, 10 Mo. App. 87; Mfg.
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Appeal from the Buchanan Circuit Court. — lion. A. M. Woodson, Judge. (1) We think this combination of circumstances clearly establishes that the trustee went beyond the authority conferred by the deed of trust, and in conjunction with said Campbell operated s.aid store in disregard of the power of sale contained in the trust deeds, establishing in law a secret trust, no matter how pure were the intentions of the parties. Hepburn v. Mueller, 10 Mo. App. 87; Mfg. Oo. v. Supply Co., 149 Mo. 538; Bank y. Bowers, 134 Mo. 432; Bigelow y. Stringer, 40 Mo. 205; Bank y. Lime Co., 43 Mo. App. 561;…
1Opinion of the CourtSmith, P. J.
— This is a proceeding by garnishment on an execution. The case as disclosed by the record before us may be stated in this way:
*415The St. Joseph Book and Stationery Company— a mercantile corporation engaged in the buying and selling of books, stationery, etc., and which for convenience we shall hereinafter refer to as the Stationery Company — being largely indebted to various persons, on January 12, 1897, executed and delivered to the garnishee, Schneider, as trustee, a certain deed of trust, conveying in trust to him all the general stock of merchandise, personal property of every kind,…
2Cases cited2 opinions
- R. L. McDonald & Co. v. HooverSupreme Court of Missouri · 1898
- Scudder v. BaileyMissouri Court of Appeals · 1896