Legal Opinion

Polliham v. Reveley

Supreme Court of Missouri

Decided May 25, 1904PublishedCited by 9 opinions

Appeal from St. Louis County Circuit Court. — 'Hon. Jno. W. McElhinney, Judge. (1) The matters of the power of sale and appointment of the attorney in fact are creatures of the contract, contained in the deed of trust, and not of law, and are to he interpreted and construed as a contract. Reynolds v. Kruff, 144 Mo. 433; Martin v. Paxson, 66 Mo. 260; Cassady v. Wallace, 102 Mo. 575; Powers v. Kueckhoff, 41 Mo. 425; Stewart v. Brown, 112 Mo. 171; Lipscomb v. Ins.

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Appeal from St. Louis County Circuit Court. — 'Hon. Jno. W. McElhinney, Judge. (1) The matters of the power of sale and appointment of the attorney in fact are creatures of the contract, contained in the deed of trust, and not of law, and are to he interpreted and construed as a contract. Reynolds v. Kruff, 144 Mo. 433; Martin v. Paxson, 66 Mo. 260; Cassady v. Wallace, 102 Mo. 575; Powers v. Kueckhoff, 41 Mo. 425; Stewart v. Brown, 112 Mo. 171; Lipscomb v. Ins. Co., 138 Mo. 17. (2) The attorney in fact of the trustee was properly appointed under the provision therefor by the deed of trust —…

1Opinion of the CourtBrace, P. J.

This was an action in ejectment, instituted in the St. Louis county circuit court, to recover possession of a tract of land containing 12.44 acres situate in said county, which turned in the lower court upon an equitable defense set up in the answer of the defendant Nannie Reveley. The finding and decree of the circuit court furnish a sufficient statement of the case. They are as follows:

“The defendant, Albert L. Reveley, acquired title to the premises described in the petition by deed from Martha E. Bobb and her trustee to said defendant dated February 12, 1897, and recorded in the office of…

2Cases cited12 opinions

  1. Bales v. PerrySupreme Court of Missouri · 1873
  2. Landrum v. Union BankSupreme Court of Missouri · 1876
  3. Spurlock v. SprouleSupreme Court of Missouri · 1880
  4. Stoffel v. SchroederSupreme Court of Missouri · 1876
  5. Goode v. ComfortSupreme Court of Missouri · 1866

7 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Hanson v. NealSupreme Court of Missouri · 1908
  2. West v. AxtellSupreme Court of Missouri · 1929
  3. Eudaley v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1905
  4. Petring v. KuhsSupreme Court of Missouri · 1943
  5. Citizens Bank of Edina v. West Quincy Auto Auction, Inc.Supreme Court of Missouri · 1987

4 more not listed; retrieve them via the Exa API.

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