Schanewerk v. Hoberecht
Supreme Court of Missouri
Error to Benton Circuit Court. — Hon. D. A. DeArmond, Judge. ' (1) The trustee, Keiffer, having made one sale and a deed good on its face to Frank Schanewerk, and said Frank Schanewerk having paid $500 for the same, had not the powers of the trustee or the sheriff acting in his place, ceased and was it not error to refuse the sixth declaration of law! Perry on Trusts [2d Ed], sec. 498 and cases; Lewin on Trusts, page 605, and cases; Wood v. White, 2 Keen 664; Ohnsorg v.…
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Error to Benton Circuit Court. — Hon. D. A. DeArmond, Judge. ' (1) The trustee, Keiffer, having made one sale and a deed good on its face to Frank Schanewerk, and said Frank Schanewerk having paid $500 for the same, had not the powers of the trustee or the sheriff acting in his place, ceased and was it not error to refuse the sixth declaration of law! Perry on Trusts [2d Ed], sec. 498 and cases; Lewin on Trusts, page 605, and cases; Wood v. White, 2 Keen 664; Ohnsorg v. Turner, 13 Mo. App. 533 and 87 Mo. 127; Jones v. Mach, 53 Mo. 147; Kane v. McGown, 55 Mo. 181; Wilcoxen v. Osborn, 77 Mo.…
1Opinion of the CourtBrace, J.
— This is an action in ejectment for two lots in the town of Cole Camp, Benton county. The petition is in common form, and the answer is a general *24denial. Trial before the court without a jury and judgment for the plaintiff. The defendant brings the case here by writ of error.
The plaintiff to show title, first, read in evidence a deed of trust duly executed by the defendant, bearing date the twenty-fourth of April, 1883, conveying the premises to Garret Keiffer in trust to secure the payment of three promissory notes of the same date, executed by defendant to Henry Mahnkin and Claus Mahnkin,…
2Cases cited19 opinions
- Kane v. McCownSupreme Court of Missouri · 1874
- Long v. LongSupreme Court of Missouri · 1883
- Johnson v. HoustonSupreme Court of Missouri · 1871
- Stine v. WilksonSupreme Court of Missouri · 1846
- Eitelgeorge v. Mutual House Building Ass'nSupreme Court of Missouri · 1878
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3Cited by30 opinions
- Sparks v. Jasper CountySupreme Court of Missouri · 1908
- Long v. LongSupreme Court of Missouri · 1897
- Hume v. HopkinsSupreme Court of Missouri · 1897
- Benton Land Co. v. ZeitlerSupreme Court of Missouri · 1904
- Wharton v. Farmers & Merchants Bank of Green RidgeCourt of Appeals for the Eighth Circuit · 1941
25 more not listed; retrieve them via the Exa API.