Harlin v. Nation
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fishes, Judge. (1) No sale has ever been set aside where the parties were on equal footing and the sale perfectly fair; mere inadequacy of consideration is not deemed a sufficient ground of relief of itself. Morriso v. Philliber, 30 Mo. 145; Phillips v. Stewart, 59 Mo. 491; Maloney v. Webb, 112 Mo. 575; Million v. McBec, 9 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fishes, Judge. (1) No sale has ever been set aside where the parties were on equal footing and the sale perfectly fair; mere inadequacy of consideration is not deemed a sufficient ground of relief of itself. Morriso v. Philliber, 30 Mo. 145; Phillips v. Stewart, 59 Mo. 491; Maloney v. Webb, 112 Mo. 575; Million v. McBec, 9 Mo. App. 344; Klein v. Vogel, 11 Mo: App. 211. (2) Even if the trustee had known that the property was being sold at twenty-five per cent, of its value, he was not required to continue the sale, unless requested so to…
1Opinion of the CourtBlack, P. J.
— On the nineteenth of November, 1883, William Harlin conveyed a lot in the city of St. Louis to George W. Nation, in trust to secure three notes of that date made by Harlin and payable to David Nation, one for $100 due in one year and the others being semiannual interest notes of $4 each. Harlin paid these interest notes. The principal note was renewed by giving interest notes annually up to the fall of 1890. Harlin then made default in the payment of interest, and continued in default up to the twenty-sixth of December, 1891, at which date the trustee sold the property and David Nation…
2Cases cited6 opinions
- Hannibal & St. Joseph Railroad v. BrownSupreme Court of Missouri · 1869
- Phillips v. StewartSupreme Court of Missouri · 1875
- Judge v. BoogeSupreme Court of Missouri · 1871
- Cassady v. WallaceSupreme Court of Missouri · 1890
- Chesley ex rel. Self v. ChesleySupreme Court of Missouri · 1872
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- S & G Investment Inc. v. Home Federal Savings and Loan AssociationCourt of Appeals for the D.C. Circuit · 1974
- Judah v. PittsSupreme Court of Missouri · 1933
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